1. Protecting Geographical Indications In Bangladesh
Salma Chaudhuri Zohir
Bangladesh Institute of Devlopment Studies
8-11 June 2009
FAO-EC Regional Seminar On Rural Development and Agricultural and Food Quality Linked to Geographical Origin in Asia: Lessons and Perspectives
Imperial Queen’s Park, Bangkok, Thailand

2. Scope of Presentation
How to promote Geographical Indications in Bangladesh
(i) set up an appropriate and efficient legal framework,
(ii) enforce rules
(iii) select products deserving GI protection
(iv) control and monitor the right-owners which are producing, processing and trading the protected quality goods.

3. Set up an appropriate and efficient legal framework
Draft Ordinance on “The Geographical Indications of Goods”, --close adaptation of the 1999 Indian law.--benchmark on other relevant laws, the Thai law and the new Cambodia law
Registration
(1) Government agency (2) Group of persons representing the producers’ interests (association, co-operatives, inter-professional bodies,..) (3) A private person or a group of private persons etc should not be allowed to apply for GI and also for a collective or a certification trademark which contains GI (4) For a GI of foreign country, there must be explicit evidence that such GI is protected under the law of such country and has been used continuously until the date of filing

4. BANGLADESH GI DRAFT LAW
KEY POSITIVE POINTS
Fully in compliance with the TRIPS Section 3
All kinds of goods are protected: Agricultural, Industrial goods and handicraft
Accurate definitions of the protected signs
Accurate definitions of the applications’requirements
Only collective bodies can apply “representing the interest of the producers of the concerned goods”
Mention “human factors”
Prohibition of registration of GI as trademark
Mention “an Appeal Board” which could be the triggering point of a “GIs BOARD”
LESS POSITIVE POINTS
Need to renew the Registration after 10 years: non useful burden
Need of a formal registration of the users, contradicts higher definition and unwieldy procedure in a LDC 4

5. Enforcement
Users
(I) The specifications of the goods should be in accordance with the conditions prescribed by the Registrar (ii) The Right-owner must be able to train users on specifications, monitor and control users’ compliance with the registered specifications of the right.
Organization of the producers in a collective structure (GI societies)
There has to be organization of producers. Most are weak as institutions. These needs to be strengthen. Capacity building of these organizations is needed so that they can draft the product specifications, draft the application for registration and monitor thru inspection. 5

6. Enforcement Towards a GI Board: Accessible and smooth registration
It is proposed that a committee hereafter called the “Geographical Indications Board”, like in Thailand
----representatives of the Government and public organizations, representatives of the Lawyers’ and IP Practitioners, and qualified persons in area of law, political science, science, agriculture, economy, liberal arts, history, geography or cultural studies who are appointed by the Government and private sector
-----The Secretary Ministry of Industry could be the Board Chair Person and the Registrar Department of Patent, Design and Trademark, should be the Board Member Secretary. 6

7. Tentative selected products
A tentative list of Bangladeshi food and non-food products deserving G.I has been examined
73 tentative products listed, 52 are food products and the rest 21 are non-food products. food products: 3 fish items, 12 fruits, 15 processed food also Sweets, 14 agriculture products and 8 types of vegetables
Mostly from Jessore and Chittagong areas.
14 products including Dhaka Jamdani, Nakshikantha, Hilsa from Chandpur, Fazle Mango from Chapainawabganj (Rajshahi)
list needs to be finalized after extensive discussion with producers, traders and policy makers. 7

8. Control and Monitor: Administration
(i) Setting up a GI wing in the Trademark administration, implementation of the “GI Board” and training civil servants for enforcement of the GI system; (ii) Capacity building of collective bodies and reliable inspection bodies; (iii) Cost of registration should be set for: application, notice of opposition, extension of time, certificate, amendments of registration, revocation of registration; (iii) Cost of litigation should be set for: opposition, appeal. It will depend on the complexity of the case; (iv) Time frame for registration and protection should be set. 8

9. How to promote GI CREATING A GI : The standard scheme
PRODUCT
Registration
PRODUCERS
ASSOCIATION
PRODUCT
PROMOTION
SPECIFICATION S
Name & logo to be protected
CONTROL BODIES

10. Promote awareness of the GI Bangladeshi products
(I) A specific mark should be set for each product. Collective advertising campaigns could be undertaken.
(II) At the national level, the marketing policy of the right-owners’ bodies and organizations :organize fairs, skill training, setting up website and GI Portal, emporium, etc. The” One District-One- Product, (ODOP)” project of Export Promotion Bureau (EPB), can be a tool to promote GIs products.(iii) international :fairs and promotional tours for major global retail buying house.
In the WTO debate: (i) Support extension of article 23 to products other than wine and spirits (ii) Extension of TRIPS exemption for LDC as along as they remain LDC (iii) Request S&D for LDCs: fund for litigation, domestic data base, training producers and officials, drafting product specifications and strengthening custom inspection. 10 10

11. Action Plan Strategy
Strategy I: Implementation and enforcement of the new law and consequent regulations
Strategy II: Institutional Strengthening—Capacity building and inter-institutional coordination, organisational audits, feasibility studies for specific products by assessing the economic, social and technical
Interest for protection under the GI.
Strategy III : The creation and training of the public and private agencies, lawyers and association involved in GI issue, on-line access to information;
Strategy IV: Promotion of GI Products—the promotion of new GI products in the local and global Markets by supporting all those involved from producers to retailers in those countries where there are large south Asian communities, such as USA, Canada UK and other EU countries. 11 11

12. Thank You !!! 12