🏛️ Powers of the Director General Under Bangladesh Patent Act, 2023 — A Guide to Sections 56 to 59
The Bangladesh Patent Act, 2023, entrusts the Director General (DG) with significant authority to ensure the smooth administration and enforcement of the patent system. Chapter XI of the Act (Sections 56 to 59) outlines these powers in detail, allowing the DG to function in a quasi-judicial and administrative capacity. Here's a breakdown:
🔹 Section 56: Judicial Powers of the Director General
The DG has powers similar to those of a civil court in executing specific patent-related proceedings. These include the authority to:
- Summon and enforce attendance of individuals;
- Examine persons on oath;
- Require production of documents;
- Receive evidence by affidavit;
- Issue commissions for witness examination;
- Give directions for fee payment or compliance within deadlines;
- Review orders or withdraw directions when justified;
- Address any other procedural matters necessary for effective administration.
Why It Matters:
This section gives the DG the authority to ensure fair proceedings and to compel parties to comply with procedural requirements—making the office function as a mini tribunal in many patent-related matters.
🔹 Section 57: Correction of Clerical Errors and Time Extensions
This section allows the Director General to correct clerical or typographical errors in any application, document, or patent—without affecting the substantive content. It also empowers the DG to:
- Extend deadlines where the Act does not explicitly prohibit extensions;
- Review written requests for more time with supporting reasons;
- Impose fees where required for such corrections or extensions.
Why It Matters:
This provides a relief mechanism for applicants facing technical errors or unavoidable delays, ensuring that minor mistakes do not jeopardize the application or patent.
🔹 Section 58: Power to Prescribe and Regulate Oaths or Declarations
In absence of specific rules on affidavits or declarations, the DG can:
- Accept affidavits or declarations through affidavit or affirmation;
- Permit oral or written declarations depending on the case;
- Establish accepted formats for submission.
Why It Matters:
This section ensures that even in procedural gaps, the DG can maintain the integrity of submissions through regulated affirmation practices.
🔹 Section 59: Residual Discretionary Powers
If any matter is not expressly covered in the Act or Rules, the DG is empowered to:
- Exercise residual discretion for justice and fairness;
- Apply discretionary power in line with the spirit of the law;
- Ensure the affected party is given a fair hearing before adverse decisions.
Why It Matters:
This catch-all provision gives the DG flexibility to deal with unforeseen issues and ensure justice is not denied simply due to procedural silence.
✍️ Summary
| Section | Power Granted to Director General |
|---|---|
| 56 | Judicial powers like summoning, examining, receiving evidence |
| 57 | Correction of clerical errors; extension of deadlines |
| 58 | Prescribing forms of oath, affirmation, and declarations |
| 59 | Residual power to act where the law is silent |
⚖️ Final Thoughts
The Director General under the Bangladesh Patent Act, 2023 is not just a registrar but a powerful adjudicator with flexible and wide-ranging powers. These sections ensure that the patent system remains responsive, fair, and functional—even in complex or unforeseen situations.
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