IP Litigation & Enforcements

It is important to note that there are two types of enforcement action available in Bangladesh, namely Civil Action and Criminal Action. Civil Action can be taken to restrain the counterfeiter from imitating or counterfeiting a trademark and passing off goods by way of injunction. On the other hand, Criminal Action can be taken to punish the counterfeiter for their illegal activities or to seize the counterfeited goods. It is recommended that your client can choose one or both of the above actions for restraining the counterfeiter. Prior to taking any action, it is advised that a “cease and desist” notice can be served upon the counterfeiter or imitator.

We are pleased to inform you that our firm is capable of handling the trademarks and copyright disputes regarding the counterfeiting and imitation of third party products.

We file a Civil Suit for permanent and mandatory injunction as well as damages for the infringement of a registered trademarks and/or passing off goods. This is done under section 96 and 97 read with section 24, 25 and 26 of the Trade Mark Act, 2009 before the Court of Learned District Judge as per his jurisdiction. If there is any claim of defamation, a complaint is to be filed before the concerned Metropolitan Magistrate or Judicial Magistrate of Bangladesh. Please note that a “Defamation claim” is of a criminal nature of action as per Section 499 and 500 of the Penal Code.

When a suit for infringement and passing off Suit is filed in the Court,  the summon and show cause notices  is served upon the defendant(s) by the learned Court and upon receiving the summon/notice, the  defendant(s) is to submit the written objection and written statements denying the statements of the plaint/petition Suit filed by the plaintiff’s.

We often file a complaint petition under Section 98 of the CRPC for a search and seize operation before the concerned District Magistrate or Executive Magistrate. We can also file a complaint under Section 420, 482, 483, 485 and 486 of the Penal Code for infringement action before the Metropolitan Magistrate or Judicial Magistrate.

Please feel free to contact us for further assistance.

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