Enforcing Patent Rights in Bangladesh – Legal Actions & Remedies

When a patent is granted in Bangladesh, it comes with the power to enforce exclusive rights—but also with the burden to defend those rights properly and lawfully. Sections 44 to 50 of the Bangladesh Patent Act, 2023 lay out the mechanism for enforcement, the burden of proof, and available reliefs for infringement cases.

🔍 Section 44: Right to Sue for Infringement

• A patent holder or an exclusive licensee can file a lawsuit for patent infringement.
• If there’s a contractual relationship, the licensee needs permission unless the licensor fails to act.
• In some cases, a non-exclusive licensee can sue with the court's permission, particularly if the patentee fails to act within 2 months of being notified.
• The law also allows the licensee or assignee to seek relief if the patent is wrongfully exploited.
• Such lawsuits must be filed before a designated District Court, not before any other subordinate court.

⚖️ Section 45: Jurisdiction

• A lawsuit under Section 44 must be filed only before a District Court, not before any subordinate or local courts.

🧾 Section 46: Burden of Proof in Patent Infringement

• If the patented product is a process patent, and the alleged infringer has a similar product, the burden of proof may shift to the defendant.
• This occurs particularly when:
  • The patented process is not publicly known.
  • The alleged product appears identical and there’s reason to believe it was made using the patented process.
• In such cases, the court can compel disclosure of commercial details unless it violates trade secrets.

🚫 Section 47: Injunctions in Patent Infringement

• Injunctions may be granted only if:
  • A valid patent right exists.
  • There’s a strong prima facie case of infringement.
• Injunctions can be:
  • Temporary (interim) or Permanent
  • Preventive (to stop further acts) or mandatory (to compel actions)
• Injunctions are denied if:
  • The patent has expired or is likely to be revoked.
  • The infringing activity is not substantial.
  • The public interest outweighs enforcement (e.g. healthcare).
• Court must balance public interest, damages, local employment, etc.

🧭 Section 48: Limits of Injunction Power

• Courts cannot issue injunctions under Sections 29, 36, 37, 38, 39, 40, 41, and 44(1) in cases involving government use, public interest, or compulsory licensing.

🧑‍⚖️ Section 49: Available Remedies

Courts may provide the following reliefs:

1. Injunctions (temporary or permanent)
2. Damages or account of profits
3. Considerations before awarding damages include:
   • Proper notice and publication of patent
   • Awareness by infringer
   • Whether product is made in Bangladesh
   • Evidence of actual exploitation by patent holder
   • Value of the patented product
   • Loss to local industry or public interest

🧨 Section 50: Infringement & Revocation Link

• Infringement lawsuits must also consider if the grounds for revocation under Section 33 exist.
• Any evidence used for revocation under Section 33 (e.g. prior use, lack of novelty, non-patentability) can also be used by a defendant in an infringement lawsuit.

✅ Summary: Legal Tools for Patent Holders

Final Thoughts

Sections 44 to 50 of the Bangladesh Patent Act, 2023 provide a robust legal framework to balance the rights of patent holders with public interest, fair trade, and procedural fairness. These provisions ensure that enforcement is not misused and that the courts have wide discretion to assess each case on its own merit.