The short answer
A geographical indication (GI) in Bangladesh is registered at the GI Unit of the DPDT under the Geographical Indication of Goods (Registration and Protection) Act, 2013 (Act LIV of 2013). Only an association, institution, government body or authority that represents the producers can apply (Section 9); individual producers then apply to be registered as authorized users (Section 10). After advertisement there is a 2-month objection window (Section 13), and the registration of the GI itself lasts until it is cancelled, while an authorized user is registered for 5 years and renews for 3 years at a time (Section 16).
What counts as a geographical indication
Section 2(9) defines a geographical indication of goods as an indication that identifies goods as coming from a country, a region or a locality, where a specific quality, reputation or other characteristic of the goods is essentially attributable to that origin. For manufactured goods, at least one of production, processing or preparation must take place in that place.
"Goods" covers natural and agricultural products, handicraft and industrial products and foodstuffs (Section 2(8)). A producer is anyone who, for sale or other commercial purposes, produces an agricultural product, exploits natural products, makes handicraft or industrial products, or trades in them (Section 2(3)).
Who can apply, and who can use the GI
Applicant
Association, institution or authority
Section 9 allows any association, institution, government body or authority, established or registered under existing laws and representing the interest of persons producing the goods, to apply in writing in the prescribed form with the prescribed fee.
Authorized user
Individual producers and groups
Section 10: a person or group claiming to be the producer, exploiter, manufacturer or processor of the registered GI can apply to be registered as an authorized user.
A single company cannot register a place name for its own goods under this Act. If you want a brand right for one business, a trademark is the usual route. See the trademark registration guide.
Registration steps and time limits
File the application
- Written application to the Registrar in the prescribed form, with the prescribed fee.
- The Registrar can refuse to entertain an application filed in error or in the wrong name, after giving the applicant a hearing (Section 11).
Examination and advertisement
- If the application meets all requirements, the Registrar publishes it by notification in the prescribed way.
Objection period
- Any person, institution or authority concerned can object within 2 months of the notification (Section 13(1)).
- A later objection needs Government approval (Section 13(2)).
- Grounds: outside the definition, against public order or morality, likely to hurt religious feelings, not protected or no longer protected in the country of origin, or fallen into disuse there (Section 13(3)).
Reply and decision
- The applicant answers within 2 months of receiving the objection notice (Section 14(2)).
- The Registrar may extend the time by no more than one month. If there is no reply, the application is treated as abandoned (Section 14(6)).
- Evidence is given in the way and time the Registrar sets; both sides can be heard; the Registrar then approves or rejects (Section 14(4) and (5)).
Registration and certificate
- With no objection, or if the Registrar is satisfied, the GI is registered and a certificate with the official seal is issued.
- The registration takes effect from the date of application (Section 15(2)).
When a GI cannot be registered
Section 8 bars registration if the indication does not fit the definition, is likely to deceive or confuse, is against the law or public order or morality, may hurt religious feelings, is disentitled to protection in court, is a generic name, has stopped being protected or has fallen into disuse in its country of origin, or is literally true of the place but falsely suggests another origin.
A "generic name" is a place-linked name that has become the common name of the goods (Section 2(4)). Names that belong to more than one place (homonymous indications) can both be registered, and each gets equitable treatment (Section 7).
Rights, term and limits after registration
| Point | What the Act says |
|---|---|
| Term of the GI | Valid until cancelled or invalidated (Section 16(1)) |
| Authorized user term | 5 years (Section 16(2)) |
| Renewal of authorized user | 3 years from the previous expiry, on the prescribed fee; a late renewal is possible on a prescribed fine (Section 16(3) and (4)) |
| Rights | Relief against infringement and the right to use the GI, subject to prescribed conditions (Section 18) |
| Transfer | A registered GI cannot be assigned, transferred, licensed, pledged or mortgaged (Section 19(1)) |
| Death of an authorized user | Right passes to the lawful successor (Section 19(2)) |
| Closure of the institution | Authorized user registration ends automatically (Section 19(3)) |
| Appeal | To the Government within 2 months of the decision; the Government's decision is final (Section 27) |
Fees, forms and the detailed procedure are set by rules under Section 45. Confirm the current schedule with the DPDT or with us before filing.
How GIs and trademarks fit together
The Registrar can refuse or invalidate a trademark that contains a GI for goods that do not come from that place, if it would mislead people about origin (Section 21(1)). A trademark applied for or registered in good faith, or used in good faith, before the Act or before the GI application, is not affected only because it resembles the GI (Section 22(1)). Compare the two systems in the guide to what can be registered as a trademark.
Geographical indication questions
Which law governs geographical indications in Bangladesh?
The Geographical Indication of Goods (Registration and Protection) Act, 2013 (Act LIV of 2013). The GI Unit of the DPDT carries out its functions.
Who can apply to register a GI?
An association, institution, government body or authority representing the producers (Section 9). Individual producers register afterwards as authorized users (Section 10).
How long do I have to object to a GI application?
Two months from the notification of the application (Section 13(1)). A later objection needs Government approval.
How long does a GI registration last?
The GI stays registered until it is cancelled or invalidated. An authorized user is registered for 5 years and renews for 3 years at a time (Section 16).
Can a GI be licensed or sold?
No. Section 19(1) bars assignment, transfer, licence, pledge or mortgage of a registered GI.
Can I appeal a refusal?
Yes, to the Government within 2 months of the decision (Section 27). The Government's order is final.
Planning a GI application in Bangladesh?
SUPREMEiP® can review whether your product and your producer group qualify and prepare the application for the DPDT GI Unit.
