Bangladesh has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

Bangladesh has a telecommunications regulatory authority, the Bangladesh Telecommunication Regulatory Commission (BTRC). However, its decision-making process is not entirely independent of government influence. Officially, the BTRC is an autonomous regulatory body tasked with overseeing telecommunications and related matters. Nevertheless, reports suggest that, in practice, it lacks genuine independence and primarily represents governmental interests. The Ministry of Posts, Telecommunications, and Information Technology (MPTIT) is responsible for regulating the sector, with the BTRC functioning as a subsidiary entity. Additionally, the Posts and Telecommunications Division (PTD) within the MPTIT supervises the BTRC's operations.

Section 8(14) of the Bangladesh Patent Act, 2023 empowers the Director General, before granting a patent, to require a foreign patent applicant to adapt the patent description to the general skill of Bangladeshi citizens, with a view to promoting the use of the patented technology in Bangladesh. It is reported that imposing this requirement exclusively on foreign applicants in the patent-granting process may constitute discrimination, thereby potentially violating the principle of national treatment.

Section 12 of the Bank Company Act provides that banks may not transfer records or documents relating to their business outside Bangladesh without prior approval by the Central Bank.

According to Section 64(1) of the Bangladesh Patent Act, 2023, where the applicant’s ordinary residence or place of business is outside Bangladesh, the applicant must be represented by a suitable Bangladeshi person who resides in Bangladesh.

According to Sections 2.3.1.2 and 2.3.4.5 of the Bangladesh Bank Guidelines on Cloud Computing, 2023, the hosting of customers' sensitive data in the cloud used by banks necessitates exceptional approval from the Central Bank.

Bangladesh is not a party to the Patent Cooperation Treaty (PCT).

Section 29.7 of the Data Protection Ordinance stipulates that, where personal data is transferred, stored, or otherwise processed on any cloud computing infrastructure, whether domestic or international, at least one synchronised, real-time copy of all such data must be maintained within Bangladesh.

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.

Bangladesh continues to face significant challenges in ensuring adequate intellectual property (IP) protection and enforcement. This is due, in part, to the limited resources allocated by the Government to IP protection and enforcement. Foreign stakeholders have reported an increase in potential IP violations across several sectors, including consumer goods and software. Enforcement is further constrained by limited investigative resources and technical expertise within the police, as well as reported reluctance to initiate independent investigations, which have impeded IP right holders' ability to enforce their rights effectively.
In addition, IP right holders have raised concerns regarding the courts’ capacity to adjudicate IP cases fairly. Concerns also persist regarding the limited stakeholder engagement and absence of systematic public comment processes in the development of IP-related reforms. In this respect, Bangladesh continues to lack transparent rulemaking procedures that consistently seek stakeholder input to address existing gaps in IP protection and achieve meaningful improvements to its IP regime.

Bangladesh has not adopted the World Intellectual Property Organization (WIPO) Copyright Treaty.

Bangladesh has not adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

Bangladesh lacks a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. Section 49 of the Patent and Designs Act of 1911 prohibits the disclosure of information about industrial designs in bad faith. Section 73 of the Contract Act of 1872 entitles a party to receive compensation for breaches of contractual obligations; confidentiality and non-disclosure agreements are commonly used to protect confidential information. Further, the Preamble of the Competition Act of 2012 can be read as extending the ambit of anti-trust practices to mala fide disclosures of information. Penal action is envisaged under Section 405 of the Penal Code of 1860, for the offence of criminal breach of trust, which is punishable with up to three years' imprisonment and/or a fine.

Bangladesh applies passive infrastructure sharing obligations in the telecommunications sector. The Bangladesh Telecommunication Regulatory Commission (BTRC) Guidelines for Infrastructure Sharing, issued under Section 31(2)(r) of the Bangladesh Telecommunication Act, 2001, require telecommunications infrastructure to be shared on a non-discriminatory basis. Under Clause 1.3, infrastructure sharing includes the leasing, renting, or swapping of infrastructure with other service providers.
The Guidelines expressly cover passive infrastructure. Section 2(4) defines passive infrastructure to include physical sites, buildings, shelters, towers or masts, power supply, ducts, trenches, rights of way, in-house wiring, sub-loop facilities, and local-loop facilities. Section 4(1) applies the Guidelines to passive infrastructure sharing among BTRC-licensed telecommunications operators, while Sections 5(2)–5(6) establish the procedure for access requests, responses, refusals, and dispute resolution.
The current framework is complemented by the Telecommunications Network and Licensing Policy 2025, particularly Sections 7.2.3, 7.2.8, 7.7.1, 7.7.2, and 7.7.6, as well as by the National Infrastructure and Connectivity Service Provider (NICSP) Licensing Guidelines.

The Telecommunications Network and Licensing Policy 2025 introduced a new licensing framework for Bangladesh’s telecommunications and digital-connectivity sector, establishing several maximum foreign equity limits.
The Policy sets different foreign ownership caps depending on the licence category, including:
- For Cellular Mobile Service Provider licences, foreign ownership is capped at 85%, with a corresponding requirement of at least 15% domestic participation (Sections 7.2.11.1–7.2.11.2).
- For National Infrastructure and Connectivity Service Provider (NICSP) licences, including existing Nationwide Telecommunications Transmission Network (NTTN) and Tower Sharing licences, foreign ownership is generally capped at 65% (Sections 7.7.12.2–7.7.12.3). However, exceptions may allow foreign equity of up to 85% (Section 7.7.12.5).
- For International Connectivity Service Provider (ICSP) licences, foreign shareholding is limited to 49% (Section 7.8.8).
The 60% foreign ownership cap previously set out in Section 4.06(i) of the Broadband Wireless Access (BWA) Guidelines has been superseded by the ownership limits established under the new licensing policy. Similarly, the previous Tower Sharing regime has been integrated into the NICSP category under Section 7.7.13. More generally, Sections 10.3.3, 13.7, and 14.2 provide that renewals and new applications must be issued under the new licensing categories, while existing licences may continue during their current terms.