The short answer
Under the Geographical Indication of Goods (Registration and Protection) Act, 2013, using a registered geographical indication falsely is both a civil wrong and a crime. An interested person or group can sue in the district court for an injunction and damages (Section 28). Falsifying or falsely applying a GI, using a deceptively similar GI, and selling falsely marked goods carry 6 months to 3 years in prison, or a fine of Tk 50,000 to Tk 2 lakh, or both (Sections 29 to 31). Repeat offenders face 2 to 5 years and Tk 2 to 4 lakh (Section 35). All offences are bailable.
What infringes a registered GI
A registered GI is infringed by anyone who is not an authorized user and (Section 28(1)):
- uses the GI in naming or presenting goods in a way that suggests they come from a place other than their true origin and misleads people;
- uses the GI in a way that amounts to unfair competition, including passing off;
- uses a GI that is literally true for the place but falsely suggests the goods come from the place of the registered GI;
- uses a GI on goods not from the place it names, or uses it in translation or with words such as "kind", "style" or "imitation".
Acts of unfair competition include creating confusion with a competitor's goods, false allegations that discredit a competitor, and use of a GI that misleads people about the quantity, nature, process, characteristics or suitability of the goods (Section 28(2)).
Genuine goods lawfully bought from an authorized user can be resold, processed or packed without infringing, unless their condition is impaired after they reach the market (Section 28(3)).
Civil remedies
Any interested person, or an interested group of producers or consumers, can file a case in the competent district court to stop a misleading use (Section 28(4)). The court can grant an injunction, award compensation for damages and give any other civil relief it considers fit (Section 28(5)).
No case can be filed to stop or recover damages for infringement of an unregistered GI (Section 28(6)). Section 6(1) still protects a GI against a false statement of origin, and the right to sue for passing off is kept (Section 28(7)). Register early if you depend on a place name.
Offences and punishments
| Offence | Section | Punishment |
|---|---|---|
| Falsifying a GI or falsely applying it to goods | 29 | 6 months to 3 years, or fine Tk 50,000 to 2 lakh, or both |
| Using a deceptively similar GI on goods or packages | 30 | Same |
| Producing, transporting, storing or selling goods with a false GI; keeping tools to falsify one | 31 | Same |
| Selling outdated registered goods after expiry without renewal | 32 | Same |
| Breaching a condition of registration (registration is also cancelled) | 33 | Same |
| False entry or false copy of the Register | 34 | Up to 2 years (not less than 6 months), or fine Tk 50,000 to 2 lakh, or both |
| Second or later offence | 35 | 2 to 5 years, or fine Tk 2 to 4 lakh, or both |
Claiming goods are registered GI goods without approval, making deceptively similar GIs, calling a genuine registered GI unregistered, and falsely saying registration gives an exclusive right are all treated as falsifying (Section 29(2)). If a company or institution commits the offence, the owners, directors, managers and others directly involved are treated as guilty unless they prove they did not know or took all due care (Section 37).
How a criminal case starts
- A court takes cognizance only on a written complaint by the Registrar or an officer the Registrar authorises, or after the aggrieved person gives notice to the Registrar or that officer within 30 days of the offence (Section 38(1)).
- The Code of Criminal Procedure, 1898 applies (Section 38(2)).
- No police officer below sub-inspector rank may investigate (Section 38(3)).
- A Judicial Magistrate of the first class tries the offence, and all offences are bailable (Section 38(4)).
- Seized goods that the holder cannot show a right to can be forfeited to the Government, with an appeal within 30 days (Section 36).
GIs, trademarks and good-faith rights
The Registrar can refuse or invalidate a trademark that wrongly uses a GI for goods from elsewhere (Section 21(1)). A trademark applied for, registered or used in good faith before the Act or before the GI application is protected from challenge only because it resembles the GI (Section 22(1)). A person can still use their own name or their predecessor's name in business unless it is used to confuse or mislead (Section 22(2)). For the trademark side, see the trademark infringement guide and the trademark offences guide.
Other rules sellers should know
- Selling goods marked with a GI carries an implied warranty that the GI is genuine, unless the seller says otherwise in writing signed and accepted by the buyer (Section 40).
- The Government can require goods made in or imported into Bangladesh to show the country or place of origin or the maker's name and address, with at least 3 months' notice (Section 42).
- Courts may accept customary trade practice of the GI community as evidence (Section 43).
GI infringement and penalty questions
What is the penalty for a false geographical indication in Bangladesh?
Imprisonment from 6 months to 3 years, or a fine of Tk 50,000 to Tk 2 lakh, or both (Sections 29 to 31). A repeat offence carries 2 to 5 years and Tk 2 to 4 lakh (Section 35).
Can I sue over an unregistered GI?
No. Section 28(6) bars a case for infringement of an unregistered GI, though passing off remains available (Section 28(7)).
Which court hears a civil GI case?
The competent district court (Section 28(4)).
Are GI offences bailable?
Yes. All offences under the Act are bailable and are tried by a Judicial Magistrate of the first class (Section 38(4)).
Who can start a criminal case?
The Registrar or an authorised officer by written complaint, or an aggrieved person who gives notice to the Registrar within 30 days of the offence (Section 38(1)).
Can a trademark use a place name?
A trademark that wrongly uses a GI can be refused or invalidated (Section 21), but good-faith earlier trademarks are protected (Section 22).
Facing a false GI or place-name copy?
SUPREMEiP® can review the facts, the register and your options in Bangladesh and prepare notices to the DPDT or the court.
