BANGLADESH
Since September 2023
Since July 2000, entry into force in November 2000, until September 2023
Since July 2000, entry into force in November 2000, until September 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Copyright Act, 2023 - Act No. 34 of 2023 (কপিরাইট আইন, ২০২৩ - ২০২৩ সনের ৩৪ নং আইন)
Copyright Act, 2000 - Act No. 28 of 2000 (কিপরাiট আiন, 2000 - 2000 সালের 28 নং আইন)
Copyright Act, 2000 - Act No. 28 of 2000 (কিপরাiট আiন, 2000 - 2000 সালের 28 নং আইন)
Bangladesh has a well-defined framework of copyright exceptions that aligns with the principle of fair use, thereby allowing the lawful utilisation of copyrighted works by others without the need for prior authorisation. The Copyright Act of 2023 introduces the term "fair use" in Section 2(42), which provides definitions for key terms used throughout the legislation. In addition, Sections 70 and 73 of the Act elaborate on the scope and limitations of fair use, specifying the conditions under which copyrighted works may be used without constituting infringement. The Copyright Act of 2023 repealed and replaced the Copyright Act of 2000, which also established a clear framework of copyright exceptions based on fair use, as outlined in its Section 72.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250227225031/http://bdlaws.minlaw.gov.bd/upload/act/2023-10-10-09-55-23-Act-No-34-of-2023.pdf
- https://web.archive.org/web/20250219201125/http://copyrightoffice.portal.gov.bd/sites/default/files/files/copyrightoffice.portal.gov.bd/law/121de2e9_9bc9_4944_bfef_0a12af0864a5/Copyright,2000%281%29%2...
- https://www.tbsnews.net/thoughts/why-copyright-law-reform-crucial-bangladesh-999156
- https://web.archive.org/web/20250219201217/https://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1140&context=research
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BANGLADESH
Reported in 2022, last reported in 2024
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Reported prevalence of software and digital product piracy
It is reported that one of the factors hindering copyright enforcement in Bangladesh is the widespread prevalence of unchecked piracy, including the unauthorised reproduction of books, films, software, and digital media. The piracy of copyrighted goods is particularly severe, with estimates indicating that approximately 90% of software and nearly all sound recordings, books, and films are pirated. In addition, it has been suggested that virtually all households with computers operate pirated copies of software such as Microsoft Office and Adobe Photoshop.
Coverage Horizontal
Sources
- https://www.tbsnews.net/thoughts/why-copyright-law-reform-crucial-bangladesh-999156
- https://web.archive.org/web/20250226183838/https://figshare.mq.edu.au/articles/thesis/Designing_copyright_laws_to_combat_digital_piracy_and_effectively_balance_proprietary_and_public_interests_in_Bang...
- https://web.archive.org/web/20250226183743/https://www.dhakatribune.com/opinion/op-ed/361521/the-price-of-piracy
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BANGLADESH
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
Lack of adoption of the WIPO Copyright Treaty
Bangladesh has not adopted the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
BANGLADESH
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Bangladesh is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
BANGLADESH
Since July 2006, entry into force in January 2008
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Public Procurement Act, 2006 - Act No. 24 of 2006 (পাবলিক প্রকিউরমেন্ট আইন, ২০০৬)
Section 33 of the Public Procurement Act stipulates that an open international procurement method should be adopted only when it is not feasible to conduct procurement through the invitation of competitive tenders within the country, and it reasonably appears to the procuring entity that effective international competition cannot be ensured without special measures.
Coverage Horizontal
BANGLADESH
Since January 2008
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Public Procurement Rules, 2008 (পাবলিক প্রকিউরমেন্ট বিধিমালা, ২০০৮)
Arts. 83(1)(e) and 98(21)(e), along with Schedule II of the Public Procurement Rules, establish a price-preference scheme for domestic suppliers in the context of international tendering. Under this scheme, locals are entitled to a price preference of up to 15% for goods when competing against international bidders under equivalent conditions.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250213215900/https://cptu.gov.bd/upload/policyandprocedure/2017-07-31-16-11-03-Public-Procurement-Rules-2008-Bangla.pdf
- https://www.globalpublicprocurementdata.org/gppd/country_profile/BD
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S385R1.pdf&Open=True
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BANGLADESH
Reported in 2022, last reported in 2024
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Reported lack of transparency in public procurement processes
Corruption allegations are common in Bangladesh's public procurement. Foreign stakeholders cite outdated specifications, biased tendering, and lack of transparency. Reports suggest bid rigging, bribery, and anticompetitive practices.
Coverage Horizontal
BANGLADESH
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Bangladesh is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal
BANGLADESH
Since August 2008
Since April 2018
Since April 2018
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Regulatory and Licensing Guidelines on Broadband Wireless Access (BWA) Services Operator Licenses
Regulatory and Licensing Guidelines for Issuing License for Tower Sharing in Bangladesh
Regulatory and Licensing Guidelines for Issuing License for Tower Sharing in Bangladesh
According to Section 4.06 of the "Regulatory and Licensing Guidelines on Broadband Wireless Access (BWA) Services Operator Licences", foreign ownership in BWA services is restricted to a maximum of 60%. Additionally, Section 5.2 of the "Regulatory and Licensing Guidelines for Issuing Licences for Tower Sharing in Bangladesh" stipulates that foreign ownership in tower sharing is limited to 70%.
Coverage Broadband wireless access services and tower sharing
Sources
- https://web.archive.org/web/20250328005615/https://lims.btrc.gov.bd/uploads/service_guideline/BWA%20guidelines.pdf
- https://web.archive.org/web/20250328005617/https://btrc.portal.gov.bd/sites/default/files/files/btrc.portal.gov.bd/page/1c1ea1c0_f8ef_4cdf_9005_d8a34b9ca554/2022-08-14-07-31-3d42560060e8f5ff919858c4a8...
- https://web.archive.org/web/20250317164326/https://www.state.gov/reports/2024-investment-climate-statements/bangladesh/
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BANGLADESH
Reported in 2019, last reported in 2024
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Reported screening of investments
It is reported all foreign companies must secure approval from the relevant ministries and regulatory agencies to invest in the country. The Bangladesh Investment Development Authority (BIDA) is primarily responsible for screening, reviewing, and approving investments; however, other authorities, such as the Bangladesh Hi-Tech Park Authority (BHTPA), may also be involved. In assessing an investment proposal, particular emphasis is placed on various factors, including the ratio of domestic sales to exports, employment generation, and overall value addition to the economy. Additionally,
Coverage Horizontal
BANGLADESH
Reported in 2021, last reported in 2024
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Reported minimum inward remittance requirement
It is reported that in case of establishing a branch office or representative/liaison office, the minimum inward remittance that is required to be brought into Bangladesh by the foreign company is USD 50,000.
Coverage Horizontal
Sources
- https://itip-services-worldbank.wto.org/DetailView.aspx?id=3217370&id2=&id3=&sPath=000021090010902&mzMode=Modes3
- https://web.archive.org/web/20250228183252/https://bida.gov.bd/faq
- https://web.archive.org/web/20250228184113/https://datahub.itu.int/data/?i=100051&s=19296&e=BGD
- https://web.archive.org/web/20250228183328/https://www.linkedin.com/pulse/mandatory-inward-remittance-foreign-branchliaisonrepresentative-
- https://web.archive.org/web/20250228183522/https://www.shanjidsiddique.com/setting-up-branch-office-and-liaison-office
- https://web.archive.org/web/20250228194312/https://juralacuity.com/procedure-for-liaison-office-branch-office-in-bangladesh/
- https://web.archive.org/web/20250228183654/https://www.counselslaw.com/branch-office-set-up-process-in-bangladesh
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BANGLADESH
Since 2022
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
National Industrial Policy 2022
Appendix 7 of the National Industrial Policy 2022 lists certain strategic sectors, including telecommunications (mobile/cellular and landline services), satellite channels, and VOIP/IP telephony, which required a "No Objection Certificate" (NOC) for foreign investment.
Coverage Telecommunication sector
BANGLADESH
Since April 2022
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Bangladesh Patents Act, 2022 (Act No. V of 2022) (বাংলাদেশ পেটেন্ট আইন, 2022 (2022 সালের আইন নং V))
Section 6.10 of the Bangladesh Patents Act empowers the Registrar to require a foreign patent holder to disclose the details of their technology, enabling Bangladeshi citizens to utilise the patented invention using their general expertise. It is reported that the imposition of this requirement exclusively on foreign applicants in the patent granting process may be considered a form of discrimination, thereby potentially violating the principle of national treatment.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250224211537/https://www.jpo.go.jp/e/system/laws/gaikoku/document/index/bangladesh-e_tokkyo_act.pdf
- https://web.archive.org/web/20250301230620/http://bdlaws.minlaw.gov.bd/act-1401/section-50910.html
- https://academic.oup.com/jiplp/article/18/7/512/7199591?login=true
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BANGLADESH
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
11.99%
Coverage rate of zero-tariffs on ICT goods (%)
4.92%
Coverage: ICT goods
