Impact of Intellectual Property Rights by Moez Al Azim Ansary

Impact of IntellectualProperty Rights

IPR

MOEZ

Assignment on

Impact of Intellectual Property Rights

Course Code: MGT – 315

Course Title: Fundamentals of MIS

Prepared For: Mr. Md. Rahimullah Miah

Lecturer in MIS

Prepared by: Moez Al Azim Ansary

ID. No.: 1101010183

Section: D

Semester: 7th

Batch: BBA - 27th

Date of Submission: March 30, 2013

Department of Business Administration

Leading University, Sylhet, Bangladesh

Assignment on





Lecturer in MIS


ID. No.: 1101010183

Section: D

Semester: 7th

Batch: BBA - 27th




Assignment on





Lecturer in MIS


ID. No.: 1101010183

Section: D

Semester: 7th

Batch: BBA - 27th




March 30, 2013

Mr. Md. Rahimullah MiahLecturer in MISDepartment of Business AdministrationLeading University, SylhetSubject: Submission of Assignment Paper on “Impact of Intellectual

Property Rights”.

Dear Sir,It is an enormous pleasure to submit my Assignment Paper on “Impact ofIntellectual Property Rights”, which is assigned as a requirement of our courserelated.In preparing this assignment paper I have acquired good experience andknowledge about intellectual property rights and its impacts. I have tried to mybest to furnish the assignment with relevant data, which I had collected fromonline, fieldwork and other related sources. I think my assignment paper willclearly express the concept of intellectual property rights and its impacts andrelevant problems. And I hope this assignment paper will helps to make the IPlaws more enforceable and to take proper steps to protect intellectual property.I would like to convey my tributes to you and thank you for giving me theopportunity to preparing the Assignment Paper. Your queries in this aspect willhighly be expected.Thanking you.Sincerely yours,__________________________Moez Al Azim Ansary

ID: 1101010183Section: D7th SemesterBBA -27th BatchDepartment of Business AdministrationLeading University, Sylhet, Bangladesh

iv

Dedication

To

All of My Friends and

Honorable Teachers

v

Declaration

This research paper has been prepared by myself which the title“Impact of Intellectual Property Rights” under the supervision ofMr. Md. Rahimullah Miah, Lecturer in MIS, Leading University, Sylhet,Bangladesh. The duplication of this paper is prohibited without thepermission of Author.__________________________Moez Al Azim Ansary

ID: 1101010183Section: D7th SemesterBBA -27th BatchDepartment of Business AdministrationLeading University, Sylhet, Bangladesh

vi

Acknowledgement

I am grateful to Allah for giving me the ability to complete the research paper.Now I acknowledge the persons who support and help me to complete theresearch. These persons are my honorable teachers, parents, friends and thepersons who response to the question of my assessment.At first I thank to my department head Dr. Bashir Ahmed Bhuiyan for offering methe course. Then I thank to my honorable course teacher and my instructorMr. Md. Rahimullah Miah, lecturer of Leading University for giving me theopportunity to research on such topic and directing me during the researchwork. Now I thank to all friends of my class, family members and the personswho co-operated with me and provided me the information through varioussources.

AuthorMoez Al Azim AnsaryStudent of Business AdministrationLeading University, Sylhet, Bangladesh

vii

Table of Content

Chapter Title Page No.

Abstract viii

Chapter - 11.11.21.31.41.5

IntroductionOrigin of the ReportHistory of IPRRelevant Problems IdentifiedObjectivesLimitations

1-611345Chapter - 22.12.22.3

General Context of the StudyPrevious Research workLiterature ReviewDirection of Existing way and Present perspectives7-157914

Chapter - 33.13.23.33.43.53.63.73.8

Methodology of the StudyBackground of Study AreaReconnaissance SurveyResearch DesignSite SelectionQuestionnaire PreparationData Collection MethodKey Information InterviewData Analysis and Preparing Model

16-191616161717171818Chapter - 4 Result and Discussion 20-21

Chapter - 5 Recommendations and Conclusion 22-23

Chapter - 6 References 24-25

Chapter - 7 Appendices 26-32

Profile of Author 33

viii

Abstract

Intellectual property refers the creation of mind which depends on one’sintellectual ability. Intellectual Property Right is a right that is had by a personor by a company to have exclusive rights to use its own plans, ideas, or otherintangible assets without the worry of competition, at least for a specific periodof time. Patent, Copyright, Industrial Design Rights and Trademark are beingused in Bangladesh as intellectual property rights. IPR provides security to one’sintellectual property and protects one’s exclusive innovation from illegal usages.It encourages people to new innovations and ensures the consumers to getoriginal products. IPR helps to economic and social developments. But, manypeople in Bangladesh are disobeying the IP rights because of immorality andunconsciousness about the effect of intellectual property rights. So, we shouldmake conscious the people of Bangladesh about the IP rights. The governmentshould take proper steps to protect intellectual properties and should make theIP laws more enforceable, and should make easy the processes of applying for IPrights.

Impact of Intellectual PropertyRightsChapter- 1

IntroductionIntellectual property (IP) is a legal concept which refers to creations of the mindfor which exclusive rights are recognized.[1] Under intellectual property law,owners are granted certain exclusive rights to a variety of intangible assets, suchas musical, literary, and artistic works; discoveries and inventions; and words,phrases, symbols, and designs. Common types of intellectual property rightsinclude copyright, trademarks, patents, industrial design rights, trade dress, andin some jurisdictions trade secrets.1.1: Origin of the Report:In the era of globalization and digitalization the Intellectual Property Rightsbecomes a burning question. Electronic media like internet make easy to copyone’s intellectual property by another. The imitation of intellectual propertymakes concern the author of the new innovation. For protecting the rights ofintellectual property copyright, trademarks, patents, industrial design rights,trade dress, and in some jurisdictions trade secrets are established.My report is prepared for analysis how the intellectual properties areexposed and copying, how the laws for protecting intellectual property areimplemented and can be made more effective, and the impacts of intellectualproperty rights. This report on “Impact of Intellectual Property Rights” hasbeen prepared as a partial requirement for the completion of the course titled“Fundamentals of MIS” for the BBA program of the Leading University, Sylhet.The preparation of this report was supervised by Mr. Md. Rahimullah Miah,Lecturer in MIS, Leading University, Sylhet, Bangladesh.1.2: History of IPR:Although many of the legal principles governing intellectual property rightshave evolved over centuries, it was not until the 19th century that the term

Impact of Intellectual Property Rights | 2

intellectual property began to be used, and not until the late 20th centurythat it became commonplace in the majority of the world.[2] The BritishStatute of Anne 1710 and the Statute of Monopolies 1623 are now seen as theorigins of copyright and patent law respectively.[3]Modern usage of the term intellectual property goes back at least as far as1867 with the founding of the North German Confederation whoseconstitution granted legislative power over the protection of intellectualproperty (Schutz des geistigen Eigentums) to the confederation.[4] When theadministrative secretariats established by the Paris Convention (1883) andthe Berne Convention (1886) merged in 1893, they located in Berne, and alsoadopted the term intellectual property in their new combined title, the UnitedInternational Bureaux for the Protection of Intellectual Property. Theorganization subsequently relocated to Geneva in 1960, and was succeededin 1967 with the establishment of the World Intellectual PropertyOrganization (WIPO) by treaty as an agency of the United Nations. Accordingto Lemley, it was only at this point that the term really began to be used inthe United States (which had not been a party to the Berne Convention),[2]and it did not enter popular usage until passage of the Bayh-Dole Act in1980.[5]"The history of patents does not begin with inventions, but rather with royalgrants by Queen Elizabeth I (1558–1603) for monopoly privileges.Approximately 200 years after the end of Elizabeth's reign, however, a patentrepresents a legal [right] obtained by an inventor providing for exclusivecontrol over the production and sale of his mechanical or scientificinvention...[demonstrating] the evolution of patents from royal prerogative tocommon law doctrine.”[6]In an 1818 collection of his writings, the French liberal theorist, BenjaminConstant, argued against the recently introduced idea of "property which hasbeen called intellectual."[7] The term intellectual property can be found usedin an October 1845 Massachusetts Circuit Court ruling in the patentcase Davoll et al. v. Brown., in which Justice Charles L. Woodbury wrote that"only in this way can we protect intellectual property, the labors of the mind,productions and interests are as much a man's own as the wheat he


cultivates, or the flocks he rears."[8] The statement that "discoveries areproperty" goes back earlier. Section 1 of the French law of 1791 stated, "Allnew discoveries are the property of the author; to assure the inventor theproperty and temporary enjoyment of his discovery, there shall be deliveredto him a patent for five, ten or fifteen years."[9] In Europe, French author A.Nion mentioned propriete intellectuelle in his Droits civils des auteurs, artistes

et inventeurs, published in 1846.Until recently, the purpose of intellectual property law was to give as littleprotection possible in order to encourage innovation. Historically, therefore,they were granted only when they were necessary to encourage invention,limited in time and scope.[10]The concept's origins can potentially be traced back further. Jewishlaw includes several considerations whose effects are similar to those ofmodern intellectual property laws, though the notion of intellectual creationsas property does not seem to exist – notably the principle of Hasagat Ge'vul(unfair encroachment) was used to justify limited-term publisher (but notauthor) copyright in the 16th century.[11] In 500 BCE, the government of theGreek state of Sybaris offered one year's patent "to all who should discoverany new refinement in luxury." [12]1.3: Relevant Problems Identified:It is assumed that there is a positive correlation between both the IPR systemand innovation, and between innovation and economic growth. In addition, itis assumed that the IPR system has a positive effect on, or at least doesn‘tinhibit economic growth, and so overall has a positive influence on thesocietal economic growth. However, the transition from industrial toknowledge society has led to a series of significant changes in innovationpatterns and market conditions which in turn has led to new criteria withinthe IPR system. There is a risk that the ongoing adjustments of the IPRsystem could fall behind the rapid development of technology, making thesystem become characterized by inertia.


I find out two types of problems related to intellectual property rights - one isthe threat to protecting IPR and another is problems created by IPR. Now Idiscuss both of them below.1.3.1: The major problems/threats to Intellectual Property Rights arediscussed below. Piracy: (a) Piracy is the act of illegally copying someone's product orinvention without permission. (b)Piracy refers the unauthorized use ofanother's production, invention, or conception especially in infringementof a copyright.Piracy is the major threat for protecting intellectual property. Books,music, software, videos are vastly pirated in Bangladesh. Internet Challenges: Some software, monitoring tools, cookies, web bugsare used to monitoring and scanning one’s personal computer andcapture, snatching information from the computer by using internet. Thatenhances piracy or copying one’s intellectual property. Immorality: Immoral persons publish other’s innovation or work as theirown innovation or work. This problem is mainly occurs in literature andscientific innovations like as new theory or formula.

Tendency to Make Profits: Some dishonest business men copying orpirate the products without permission of author or inventor for makingprofits. This tendency deprives the original organizations or inventorsfrom the actual profits which they could earn. Cost for IPR: In most jurisdictions the IPR holder must bear the cost forenforcing rights. This will usually involve engaging legal representation,administrative and / or court costs. These costs including time should betaken into consideration when evaluating the benefits of enforcing therights.Besides these problems the Intellectual Property laws in Bangladesh are notrich and strong. The existing laws are not implemented properly. So theIntellectual Property Rights are broken many ways. Now, Copying is becomea common business in Bangladesh.


1.3.2: The problems created by the intellectual property rights are discussbelow. Monopoly Business: IPR helps the persons to do monopoly business.By providing all of the control over a product to a person, IPRincreases the price of the product. For this reasons many peoplebecome unable to purchase the product and deprived from thebenefits of the products or services. For example, the high prized

software could not be use by the people of least developed countries.

Hindering Development: Intellectual property rights hinder theeducational and technological development of low economic andunderdeveloped countries. The original software and books are verycostly which are unbearable for poor people.1.4: Objectives:

1.4.1: General Objective: The general objective is to prepare a report on“Intellectual Property Rights” and identifying the relevant problems, waysto solve the problems and impact of IPR.1.4.2: Specific Objectives: Specific objectives are......

Analysis the present condition of IPR in Bangladesh comparing withother countries in the world. Analysis of the effectiveness of implemented laws. Discuss the different types of IPRs.

1.5: Limitations:Since this research is only for academic purpose, there were some limitationsin this study. These are mentioned below: Discussion about the Intellectual Property Rights is a complicatedsubject. Time was enough but it was not possible to give full concentration inthis regard due to continuous pressure from other courses.


Due to political condition of the country and strikes make thesituations too hard to do survey or conduct field work. So, most of thedata are collected from secondary sources. The study is basically based on secondary data, because primary datacollection method is costly and needs huge time.


Chapter- 2

General Context of the Study

2.1: Previous Research work:The previous research works on Intellectual Property Rights are very few inthe context of Bangladesh. One of these research works is provided by Md.Milan Hossain, a Senior Lecturer of Law Department in Northern University

Bangladesh. His research has provided the following information about IPR.The cultural, industrial, and economical development of a country dependson the progress of intellectual properties. Intellectual property is the thingsthat are created by the human thought; it is the result of intellectual activities.Simply it refers copyright, trademark, patent design, trade secrets andgeographical indications etc. Very broadly, it means the legal rights whichresult from intellectual activity in the industrial, scientific, literary andartistic fields. The World Intellectual Property Organization (WIPO)Convention provides that “intellectual property shall include rights relatingto:1. Literary, artistic and scientific works,2. Performances of performing artists, phonograms and broadcasts,3. Inventions in all fields of human endeavor,4. Scientific discoveries,5. Industrial designs,6. Trademarks, service marks and commercial names and designations,7. Protection against unfair competition, and8. All other rights resulting from intellectual activity in the industrial,scientific, literary or artistic fields.”[13]Mr. Md. Milan Hossain’s Findings and Recommendation through his researchwork are mention now.Intellectual properties laws in Bangladesh are not very rich. Someof them are not compatible with international treaties and conventions. Someof them are not maintainable with the digital based society. We have no lawson trade secrets, unfair competition, and geographical indication and lay out


design (topographies) of integrated circuits still today. Administrativecapacity of DPDT (Department of Patents, Designs and Trademarks) andCopyright Office are very poor due to manual system, shortage of number ofofficers and staff, expert on intellectual property. Besides, here awarenessamong the people is very little. Copyright piracy is very frequent; here its rateis the highest amongst the world. Under the above circumstances, thefollowing steps should be taken:1. Introducing basic concept on IP laws to the undergraduates and postgraduates courses in colleges and universities;2. Creating awareness through seminar, symposiums and national workshopsamong the all classes’ educated people of the country;3. Establishing IP Protection courts, at least, in the divisional level andtraining the judges and advocates and thus making the experts;4. Developing mechanism to ensure speedy and cheap resolution of disputesand litigation by infringement;5. Employing special teams of the members of law forces for theimplementation of the IP laws and training them.6. Introducing new laws on trade secrets, unfair competition, geographicalindication and lay out design (topographies) of integrated circuits;7. Updating or introducing a new Patents and Designs Act; as the 1911 Act isnot compatible with international treaties and convention;8. Updating Trademark Rules; because Trademark Rules 1963 are unable tomeet the IP demand of 2012. Besides, under the 2009 Act, new provision ofcollective mark has been inserted but the procedure of registration of it hasnot been mentioned in the Act, 2009. The procedure of publication oftrademark journal is not specified in the present law; it should be determinedby the new rules. Different forms of trademark, service mark, certificationmark or collective mark should be updated to maintain the consistency of thedigital based society. So, the replacement of 1963 Rules with a new one is amust; and,9. Recruiting necessary officers and staff for the DPDT and Copyright officeand training them on IP laws at home and abroad.


2.2: Literature Review:Intellectual Property Right is a right that is had by a person or by a companyto have exclusive rights to use its own plans, ideas, or other intangible assetswithout the worry of competition, at least for a specific period of time. Theserights can include copyrights, patents, trademarks, and trade secrets. Theserights may be enforced by a court via a lawsuit. The reasoning for intellectualproperty is to encourage innovation without the fear that a competitor willsteal the idea and / or take the credit for it.Here we discuss about the laws are using in Bangladesh for IntellectualProperty Rights. The common types of intellectual property rights includepatents, copyright, industrial design rights, trademarks, trade dress, and insome jurisdictions trade secrets are used.Patents: A patent grants an inventor exclusive rights to make, use, sell, andimport an invention for a limited period of time, in exchange for the publicdisclosure of the invention. An invention is a solution to a specifictechnological problem, which may be a product or a process.The procedure for granting patents, requirements placed on the patentee,and the extent of the exclusive rights vary widely between countriesaccording to national laws and international agreements. Typically, however,a patent application must include one or more claims that define theinvention. These claims must meet relevant patentability requirements, suchas novelty and non-obviousness. The exclusive right granted to a patentee inmost countries is the right to prevent others from making, using, selling, ordistributing the patented invention without permission. The right is given tothe owner of exclusive innovation for 20 years.Copyright: Copyright is a legal concept, enacted by most governments, givingthe creator of original work exclusive rights to it, usually for a limited time.Generally, it is "the right to copy", but also gives the copyright holder theright to be credited for the work, to determine who may adapt the work toother forms, which may perform the work, which may financially benefitfrom it, and other related rights. It is a form of intellectual property (like the


patent, the trademark, and the trade secret) applicable to any expressibleform of an idea or information that is substantive and discrete.Copyright may apply to a wide range of creative, intellectual, or artistic forms,or works. Specifics vary by jurisdiction, but these can include poems, theses,plays, other literary works, movies, dances, musical compositions, audiorecordings, paintings, drawings, sculptures, photographs, software, radio andtelevision broadcasts, and industrial designs. Graphic designs and industrialdesigns may have separate or overlapping laws applied to them in somejurisdictions.Copyright does not cover ideas and information themselves, only the form ormanner in which they are expressed.Industrial Design Rights: An industrial design right is an intellectualproperty right that protects the visual design of objects that are not purelyutilitarian. An industrial design consists of the creation of a shape,configuration or composition of pattern or color, or combination of patternand color in three dimensional forms containing aesthetic value. An industrialdesign can be a two or three dimensional pattern used to produce a product,industrial commodity or handicraft.Trademark: A trademark is a recognizable sign, design or expression whichidentifies products or services of a particular source from those of others.The trademark owner can be an individual, business organization, or anylegal entity. A trademark may be located on a package, a label, a voucher oron the product itself.Trademarks are used to claim exclusive properties of products or services. Atrademark may be located on a package, a label, a voucher or on the productitself. The usage of trademarks by its owner can cause legal issues if thisusage makes him guilty of false advertising or if the trademark is offensive.Trademarks can be owned, but also licensed. Licenses can be bought fromtrademark owners and brokers. For example, Banoful & Co. Ltd. is licensing

many suppliers as licensee to trade by using its name and logo.


The unauthorized usage of trademarks by producing and trading counterfeitconsumer goods is known as brand piracy.The owner of a trademark may pursue legal action against trademarkinfringement. Most countries require formal registration of a trademark as aprecondition for pursuing this type of action. In Bangladesh trademark isregistered by DPDT (Department of Patents, Designs and Trademarks).

A trademark may be designated by the following symbols: TM (the "trademark symbol", which is the letters "TM", for an unregisteredtrademark, a mark used to promote or brand goods) SM(which is the letters "SM" in superscript, for an unregistered servicemark, a mark used to promote or brand services) ® (the letter "R" surrounded by a circle, for a registered trademark).A trademark is typically a name, word, phrase, logo, symbol, design, image, ora combination of these elements. There is also a range of non-conventionaltrademarks comprising marks which do not fall into these standardcategories, such as those based on color, smell, or sound (like jingles).The term trademark is also used informally to refer to any distinguishingattribute by which an individual is readily identified, such as the well-knowncharacteristics of celebrities. When a trademark is used in relation to servicesrather than products, it may sometimes be called a service mark.Trade Dress: Trade dress is a legal term of art that generally refers tocharacteristics of the visual appearance of a product or its packaging (or eventhe design of a building) that signify the source of the product to consumers.Trade dress may be registered with the United States Patent and TrademarkOffice (PTO) in either the Principal Register or the Supplemental Register.[15]Although registration is not required for legal protection, registration offersseveral advantages. In the Principal Register, a registrant gains nationwideconstructive use and constructive notice, which prevent others from using or


registering that registrant’s trade dress (without contesting theregistration).[16] Further, a registrant in the Principal Register gainsincontestable status after five years, which eliminates many of the ways foranother party to challenge the registration.[17] Registration under theSupplemental Register allows the registrant to protect its trade dress inforeign countries, although the protections are much more limited thanprotections under the Principal Register in the U.S.[18]

Trade Secrets: A trade secret is a formula, practice, process, design,instrument, pattern, or compilation of information which is not generallyknown or reasonably ascertainable, by which a business can obtain aneconomic advantage over competitors or customers. In some jurisdictions,such secrets are referred to as "confidential information", but should not bereferred to as "classified information", due to the nature of the word"classified" in the USA. [19]Above are the common types of Intellectual Property Rights. Patents, copyright,industrial design rights and trademarks are now using in Bangladesh. All of thefour rights are registered by DPDT (Department of Patents, Designs and

Trademarks.) in Bangladesh.Impacts of Intellectual Property Rights

For why IP rights or laws are established? The stated answer will be that the mostintellectual property laws are established for promoting progress in innovationand competition. That accelerates the industrial wheel and economy. Theimpacts of intellectual property rights are as follows. Motivating the individuals for new creations: Intellectual property rightsencourage individuals for new inventions. IPR ensures that the exclusiveinventions of an individual will not be copied without permission.


Providing due recognition to the creators and inventors: IPR providesthe total control over a new innovation to its creator and permits to useinventor’s name on the invention. Ensuring material reward for intellectual property: IPR has rewarded theintellectual property of an individual. IPR provides the facility to the inventorto do monopoly business of his exclusive innovation or creation. Ensuring the availability of the genuine and original products: IP rightsare facilitating the user or consumers to get / buy the genuine and originalproducts. Maintaining differentiation: Trademark, logo, simple etc. common elementsof IPR are ensuring to differentiate an individual’s or organization’s productsfrom the competitors’ products. Customers can easily identify the preferredsource’s products. Financial incentive: The exclusive rights allow owners of intellectualproperty to enjoy benefits from the property they have created and providinga financial incentive for the creation of an investment in intellectual property. Economic growth: The WIPO treaty and several related internationalagreements are premised on the notion that the protections of intellectualproperty rights are essential to maintaining economic growth.[20] IPRinfluences the individuals to new invention that ensure the society to get newproducts, services, ideas, theories which will increase the economic growth. To stop copying: IP rights restrict copying other’s design, idea, product andconducts business by copying other’s intellectual property. That diverse oneto new creations.Criticisms of IPR:Though IPR has many advantages, it has criticized from some angle. IPRs ensurea person to conduct monopoly business which may be a cause of high price of aparticular product or service or any other intellectual things. That may affect theeconomy of a country. IPR makes the inventions personalized and that serves toa certain region for that most of the people deprived from its benefits.


It is impossible to the people of list developed countries such as Bangladesh tobuy or import original books and software from foreign countries withunbearable price. So, if prohibited to piracy of foreign books and software, thehigher education will become dream to the students of LDCs, and thetechnological and medical development will be deadlock.2.3: Direction of Existing way and Present perspectives:For protecting intellectual properties four ways of intellectual propertyrights are applying in Bangladesh. Those are Patents, Trademark, Copyright,and Industrial Design Rights which have discussed in chapter 2.2.

Following IP related laws are prevailing in Bangladesh:

The Patents and Designs Act -1911; The Trademarks Act – 2009; The Copyrights Act – 2000 (Amended in 2005).In the perspectives of Bangladesh how the IP rights are defined and appliedunder the above Acts are given below.

A patent is an exclusive right granted for an invention, which is a product ora process that provides, in general, a new way of doing something, or offers anew technical solution to a problem. Under the Patents and Designs Act -1911 patents are granted. Patents provide 16 years protection from the date of

filing of the application.

An industrial design is the ornamental or artistic aspect of an article. Thedesign may consist of three-dimensional features, such as the shape orsurface of an article, or of two-dimensional features, such as patterns, lines orcolor. Industrial designs are protected under The Patents and Designs Act -1911. Registration of assign is given for 5 years. It could be renewed twice; each

renewal remains valid for 5 years.

A trademark is a distinctive sign which identifies certain goods or services asthose produced or provided by a specific person or enterprise. Thetrademarks system helps consumers identify and purchase a product or


service because its nature and quality, indicated by its unique trademark,meets their needs. A registered trademark provides protection to the ownerof the mark by ensuring the exclusive right to use it to identify goods orservices, or to authorize another to use it in return for payment. InBangladesh trademarks and service marks are registered under TheTrademarks Act- 2009. Registration provides 7 years protection; it can be

renewed every after 10 year on payment of renewal fees.

Copyrights are protected for original intellectual work of literature, art,music, software, etc. under the Copyrights Act – 2000 (Amended in 2005).Copyright exist up to 60 years after the death of copyright owner.These laws are not applying strongly in Bangladesh for that piracy any copyingare not be prevented. So, the existing laws in Bangladesh for protectingintellectual property should be made more enforceable and applicable. Thesystems and conditions for applying IP rights should be easy and flexible.


Chapter- 3

Methodology of the StudyA methodology is usually a guideline system for solving a problem, with specificcomponents such as phases, tasks, methods, techniques and tools. It can bedefined also as follows:1. "the analysis of the principles of methods, rules, and postulates employedby a discipline";[21]2. "the systematic study of methods that are, can be, or have been appliedwithin a discipline";[21]3. "the study or description of methods".[21]

3.1: Background of Study Area:My research’s background area is Bangladesh which is a least developedcountry. Here I try to focus the Intellectual Property Rights of Bangladeshcomparing with the international intellectual property rights.3.2: Reconnaissance Survey:My initial survey was conducted over internet, library, some CD shops anduniversity going students.3.3: Research Design:Research design is a logical and systematic planning in directing a research.There are three types of research design. These are...i) Exploratory research designii) Descriptive research designiii) Experimental research designI follow the descriptive research design in my research work. Descriptive

research design is a scientific method which involves observing and describing


the behavior of a subject without influencing it in any way. As my research topicis observable and describable, I follow this research design.3.4: Site Selection:The topic chosen for assignment is “Impact of Intellectual Property Rights”.3.5: Questionnaire Preparation:As most of the data are collected from secondary sources, field observationand internet, I prepare a very simple and short open-ended questionnaire. Iprepare the questionnaire for inventors and users.3.6: Data Collection Method:Data are generally two types. These are Primary data and Secondary data.

3.6.1: Primary Data: Primary data means original data that has beencollected specially for the purpose in mind. It means someonecollected the data from the original source first hand. Data collectedthis way is called primary data.Primary data has not been published yet and is more reliable,authentic and objective. Its validity is greater than secondary data.The people who gather primary data may be an authorizedorganization, investigator, enumerator or they may be just someonewith a clipboard. These people are acting as a witness so primarydada is only considered as reliable as the people who gathered it.3.6.2: Secondary Data: Secondary data is the data that has been alreadycollected by and ready available from other sources. When we usestatistical method with primary data from another purpose for ourpurpose we refer to it as secondary data. It means that one purpose’sprimary data is another purpose’s secondary data. So that secondary


data is data that is being reused. Such data are cheaper and morequickly obtainable than primary data.In my research work both primary and secondary data are used. But here I givepreference on secondary data. Most of the data are collected from secondarysources.3.7: Key Information Interview:For collecting data by face to face contact, I have selected university goingstudents, library keepers, computer stores and CD stores. And for collectingdata via email contact, I contact with some website authorities who areproviding the free software and music, some fashion design house andgarments.3.8: Data Analysis and Preparing Model:The data I have collected from various sources are both on the behalf of IPR andagainst IPR. In this case most of them are on the behalf of IPR. Most of the peopleexpress their opinion about intellectual property rights positively. Authors,designers, business and industrial entrepreneurs, and other inventors mentionthat the IPR encourages them to new innovation and provides security to theirexclusive creation that helps them to do long time monopoly business and earnhigh / maximum profit for a certain period of time.Small classes of people express their opinion against IPR in few cases. They areuniversity students, some website owners, software users and some consumers.University students are said that it is not necessary to obey the rules of IPR in thecase of books written by foreign authors for LDCs. Both university students andsoftware users said that the foreign books and software cost high price which isunbearable for the people of LDCs like Bangladesh. The mentioned, in these casespiracy should be permitted. Consumers provide the information that an exclusiveproduct or exclusive designed product of single owner needs high cost because


they can do monopoly business, if his product or design is copied by others thenthe cost will be fewer.After the above discussion, we can say that the intellectual properties of nationalpeople of a country should be strongly protected by enforcing laws of IPR.Impacts of Intellectual Property Rights

Positive Impacts

Encourage individuals toinnovation

Secure individuals’ IP Promote individuals’

ability, works and profile Helping the monopoly

business Ensure long time and

maximum profits Maintaining quality Ensure original products Helping to identify the

desired sources

Negative Impacts

Cause of high price

Affecting higher educationof least developedcountries

Affecting the technologicaland medical developmentof LDCs

Centralizing newinnovation

Positive impacts of IPR are more than negative impacts. For protecting theintellectual properties of a country’s people and getting original productintellectual property rights are must be obeyed even in foreign productswhich must require maintaining slandered of inventor / registeredmanufacturer for long lasting and well performance like Mobile handset.The expensive foreign product can be pirated when it is necessary tohuman development of a country like Books and Software piracy.


Chapter- 4

Result and Discussion

Intellectual property rights is the core rights of an inventor or author or artist.But the technological development and other relevant problems vastly disturbthese rights in many ways. The rate of braking IP rights in Bangladesh is veryhigh and it increases rapidly. The system of braking IP rights is commonly knownas piracy. Bangladesh is in top position in piracy of software, music, videos andbooks. The books of Bangladeshi author are in generally not pirated, but thebooks of foreign author are vastly pirated. Most of the text books of highereducation are pirated. Bangladesh is in second position in software piracy in theworld, 92% of its software are pirated which market value is US$147 Million.Music piracy is become a major threat for music industries of Bangladesh. Musicpiracy in Bangladesh causes losses of US$180 Million. Only 5% to 10% of thetotal music market consists of legitimate sales. 80% text books in Bangladeshare pirated mainly the text books for higher education, in them 86% are foreignbooks. The market price of these books is US$600 Million.By the side of consumer/ user sectors including students, software user andothers, most of them are not agreed with intellectual property rights. From thesurvey I find that 47% of university students have supported the intellectualproperty rights in the case of text book. Only 2% of software users support IPrights for prohibiting software piracy where 98% software users are supportingsoftware piracy.By the side of inventors or legal manufacturer, all of them are support theintellectual property rights. They expressed that the breach of IP laws causes thehuge loss to them every year. Artists and authors articulated that because of thebreach of IPR, they could not get their expected feedback/benefits for that theysuffer much in their personal life. Manufacturers said that the illegal use of theirdesign and trademarks and brand names causes to impair goodwill and reducingthe profits. Musicians and music production houses gets only 40% of theirexpected profits due to piracy, for that reason lot of music production houses inBangladesh are collapsed in the last decade. On the other hand, dishonest


persons are illegally using the design, name, trademarks and symbols of manywell-known companies which affect the companies’ feedback, customersatisfaction and deprived from their actual obtaining as well as it deprivescustomers from real products.Intellectual property rights must be obeyed by all people of a country. Breachingof IP rights is a cause of economic fall of any country. The rate of breaching IPR ishigh in Bangladesh which decreases our economic growth and increasing blackmoney in the country.Intellectual property rights protect individuals’ exclusive innovation and theirrights over the innovations. IPR secure one’s intellectual work that encouragesindividuals for new invention, to generate new ideas and enlarges people’sintellectual ability. Intellectual property rights help to economic progress andencourage people to behave as a moral human being. IPR protects the rights ofinventors, manufacturers, suppliers, artists and consumers of goods or services.IPR saves the customers from cheating.The laws of intellectual property rights should be more enforceable inBangladesh for wellbeing of the country and the nation.


Chapter- 5

Recommendations and Conclusion

5.1: RecommendationsThough violating intellectual property rights provide a few benefits to someselfish people, protecting IP rights is necessary for development of Bangladesh.Following steps should be taken in Bangladesh for protecting intellectualproperty. Introducing the courses about basic concepts of IP rights in colleges anduniversities of Bangladesh. People should concern about IP rights. People should reject the pirated products. Administrative agents like Police, RAB should be active to protectintellectual properties. Acts/laws of copyright, patent, trademark and design should be updated. Employing special teams of the members of law forces for theimplementation of the IP laws and training them. Establishing IP protection court at least in divisional level. Processes of applying for IP rights to be easy and flexible. Time duration for processing patent, copyright, industrial design rights,trademarks, trade dress should be minimized.The effects of intellectual property rights are as follows... IPR provides the mental serenity to IP holders. IPR provides security to intellectual property. Preventing illegal activities. Ensuring original products.IP rights should be abided by all people of Bangladesh for economic, social,cultural development of the country.


5.2: ConclusionThe intellectual property is implicated with individuals’ interest as well as acountry’s economical, cultural and historical interests. In Bangladesh, the laws ofintellectual property rights are not applying and abide by properly. So, the piracyrate is high in Bangladesh.The government of Bangladesh is committed to the protection and for thatmatter to the enforcement of the rights of IP holders. With this end, it hasundertaken several measures to strengthen the IP system in Bangladesh. On theone hand, it has taken measures to strengthen the IP Office; on the other it hasalmost finalized updating the existing IP legislating. Work on framing IP laws onutility model and geographical indications have been undertaken.In any initiative to protect and enforce the rights of IP holders, the importance ofpublic awareness and training of the officials of the concerned department canhardly be exaggerated.The preference of IP rights varies in difference cases but, the benefits of IP rightsare much and the protection for intellectual property is a fundamental right of aperson. So, we should obey the intellectual property rights and make them moreenforceable. Bangladesh government should take proper steps for enforcing IPlaws at any situation.


Chapter- 6

References

Reference:1. Intellectual Property Licensing: Forms and Analysis, by RichardRaysman, Edward A. Pisacreta and Kenneth A. Adler. Law Journal Press,1998–2008. ISBN 973-58852-086-9[verification needed]2. "property as a common descriptor of the field probably traces to thefoundation of the World Intellectual Property Organization (WIPO) bythe United Nations." in Mark A. Lemley, Property, Intellectual Property,

and Free Riding, Texas Law Review, 2005, Vol. 83:1031, page 1033,footnote 4.3. Brad, Sherman; Lionel Bently (1999). The making of modern intellectual

property law: the British experience, 1760–1911. Cambridge UniversityPress. pp. 207. ISBN 9780521563635.4. Article 4 No. 6 of the Constitution of 1867 (German)' Hastings LawJournal, Vol. 52, p. 1255, 20015. Mark A. Lemley, "Property, Intellectual Property, and FreeRiding"(Abstract); see Table 1: 4–5.6. Mossoff, A. 'Rethinking the Development of Patents: An IntellectualHistory, 1550–1800,' Hastings Law Journal, Vol. 52, p. 1255, 20017. (French) Benjamin de Constant de Rebecque, Collection complète des

ouvrages publiés sur le gouvernement représentatif et la constitution

actuelle de la France: formant une espèce de cours de politique

constitutionnelle, P. Plancher, 1818, p. 296.8. 1 Woodb. & M. 53, 3 West.L.J. 151, 7 F.Cas. 197, No. 3662, 2 Robb.Pat.Cas.

303, Merw.Pat.Inv. 4149. A Brief History of the Patent Law of the United States10. "Property, Intellectual Property, and Free Riding", Mark A.Lemley, Texas Law Review 200711. Jewish Law and Copyright


12. Charles Anthon, A Classical Dictionary: Containing an Account of thePrincipal Proper Names Mentioned in Ancient Authors, and Intended toElucidate All the Important Points Connected with the Geography,History, Biography, Mythology, and Fine Arts of the Greek and Romans.Together with an Account of Coins, Weights, and Measures, withTabular Values of the Same 1273 (Harper & Brothers 1841).13. Art. 2(viii), The Convention Establishing the World Intellectual PropertyOrganization (WIPO), 196714. INTELLECTUAL PROPERTIES: BANGLADESH APPROACH by Md. MilanHossain. Senior Lecturer, Department of Law, Northern UniversityBangladesh (NUB, Holding No-13, Road No-17, Banani C/A, Dhaka-1213,Bangladesh.15. PTO website, http://www.uspto.gov/16. Lanham Act - 7(c), 15 U.S.C. - 1057(c)17. Lanham Act - 15, 15 U.S.C. - 1057(c)18. Menell at 69619. http://en.wikipedia.org/wiki/Trade_secret20. http://en.wikipedia.org/wiki/Intellectual_property21. Methodologist (Business model- and startup methodology)22. http://www.dpdt.gov.bd/23. http://www.nationmaster.com/graph/cri_sof_pir_rat-crime-software-piracy-rate24. http://www.weeklyblitz.net/2058/pirated-cd-dvd-selling-openly-in-bangladesh


Chapter- 7

Appendices

Figure - 1

Percentage of agree and disagree with IPR in different cases by the side ofconsumers/users is shown by the following figure.

Figure - 2

0%

20%

40%

60%

80%

100%

120%

Agree with IPR

Disagree with IPR


Country Map of Research Area:

Figure - 3


Questionnaire

A survey for Impact of IPRRespondent Type: Consumer/User Inventor/Author/Artist/Entrepreneur____________________________________________________________________________________________Name: ........................................................................................................................................................Age: ....................... yearsOccupation: ........................................................................................................................ .....................Institution: ............................................................................................................................. .................Subject related questionsDo you know about IPR? Yes Noa) What is your opinion about IPR in Bangladesh?Ans:...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... .b) What are the importances of IPR in Bangladesh you think?Ass:...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... .c) What are the impacts of IPR in Bangladesh, in your view?Ans:........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... ........... .

Date: _____/______/2013


d) How much you obey the IP laws in different situations?Ans:.............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. .e) Do you think IP laws are properly implemented in Bangladesh?

Yeas No Considerablef) In what situations you think IP rights are inferior?Ans:...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... .g) What is your suggestion for making IP rights more applicable and moreenforceable?Ans:...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... .h) What steps government should take for protecting intellectual property, youthink?Ans:........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ .............................................................................................................................................................................................................................................................................................................................................................................. .


Some Symbol of IPR

© ® SM TM

Example of the usages of IPR in Bangladesh

IndicatesCopyright IndicatesRegistered IndicatesService Mark IndicatesTrade Mark

Example ofRegistered Use Logo asTrademark

Use Font of Letter & Color combination as Trademark®

Questionnaire

A survey for Impact'of IPR

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Respondent Typ", ffConsu."t/User ! Inventor/Author/Artist/Entrepreneur

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Age, ....-?.3.........; years

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Subiect related questions

Do you know abciut IPR? PfYes I No

al \iVhat is your opinion about IPR in Bangladesh?

Ans:

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........-1.e....i.nra*a-cs-..-*.t*3::f lro:.+,..4n*''i.*1,......3f:.'.=*......*Ll=t-h:::*n.f-

cJ \iVhat are the impacts of IPR in Bangladesh, in your view?

Ans:

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d) How much you obey the IP laws in different situations?

Ans:

e] Do you think IP laws are properly implemented in Bangladesh?

lYeas ENo ffonsiderable

0 In what situations you think IP rights are inferior?

Ans:

g) What is your suggestion for making IP rights more applicable and more

enforceable?

Ans:

hJ What steps government should take for protecting intellectual property, you

think?

Ans:q:?4t\4Tu-t4: 9b.--*4-'.,.*n*rl}-.-'......f.5-*".....1.P.n*l*lf.*X..........

ba- c-oh3L:d?g1

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PROFILE OF AUTHOR

Name: Moez Al Azim AnsaryDate of Birth: November 13, 1991Father’s Name: Abdul Hannan AnsaryMother’s Name: Napsun Nahar ChowdhuryPresent and Permanent Address: 68 Payra, Jharnarpar, Dargamahallah, Sylhet,...... .Bangladesh.Occupation: StudentID No: 1101010183Section: DSemester: 7thBatch No: BBA-27thDepartment: Business AdministrationName of Institution: Leading University, Sylhet, BangladeshContact No: +88-01686377284Email: [email protected]

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Impact of Intellectual Property Rights by Moez Al Azim Ansary

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