The annual review conducted by the United States Trade Representative on the status of intellectual property (IP) protection and enforcement has singled out Bangladesh as one of the top three countries experiencing significant delays in processing trademark applications.
According to the ‘2024 Special 301 Report’ released by the Office of the USTR on Thursday, these delays pose a notable barrier to safeguarding IP rights in foreign markets. The other two countries facing similar challenges are Iraq and South Africa.
The report outlines a spectrum of concerns, encompassing issues such as difficulties in border and criminal enforcement against counterfeit goods, prevalent online and broadcast piracy, shortcomings in trade secret protection and enforcement primarily in China, Russia, and other regions, as well as concerning policies related to ‘indigenous innovation’ and coerced technology transfer.
These issues persist alongside ongoing systemic challenges regarding IP protection, enforcement, and market access across various trading partners worldwide.
Referring to a study conducted by the Organisation for Economic Co-operation and Development (OECD) and the European Union Intellectual Property Office (EUIPO) released in June 2021, which ranked Bangladesh among the top five source economies for counterfeit clothing globally, the US report underscores stakeholders’ ongoing concern regarding this matter.
The OECD and EUIPO study titled ‘Global Trade in Fakes: A Worrying Threat’ emphasizes that China, along with Hong Kong, remains the principal origin economy for counterfeit and pirated goods, responsible for over 85 percent of global seizures of such goods from 2017 to 2019.
The US report advocates for combating such unfair trade practices to promote American innovation, creativity, and economic security for American workers and families.
Addressing the latest US report on IP rights, Zakia Sultana, senior secretary of the industries ministry, acknowledged recent efforts to expedite the processing of trademark applications.
However, she acknowledged procedural hurdles in processing patent applications swiftly, stating that the ministry is actively working to introduce an automated system for patent registration to streamline the process.
Regarding allegations of counterfeit clothing, Sultana asserts that her ministry rigorously monitors the issue, denying the production of counterfeit apparel within Bangladesh.
However, the USTR report underscores the potential risks associated with counterfeit products, including the use of substandard materials, toxic chemicals, and non-compliance with safety regulations, which can endanger consumers’ health and safety.
The USTR report calls for robust enforcement measures against trademark counterfeiting to mitigate the hazards posed by counterfeit products.
The Special 301 Report reflects an annual evaluation of IP protection and enforcement in US trading partners globally. It details findings from assessments conducted on over 100 trading partners after thorough research and engagement with stakeholders.
The report identifies seven countries on the ‘priority watch list,’ indicating significant IP protection, enforcement, or market access issues for US entities reliant on IP. These countries include Argentina, Chile, China, India, Indonesia, Russia and Venezuela.
Highlighting progress made by certain US trading partners, such as the Dominican Republic and Uzbekistan, in addressing IP-related concerns, USTR Katherine Tai emphasizes the need for collaborative efforts among allies and partners to address IP violations, particularly those involving counterfeit goods that jeopardize public health and safety.