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2014/15 Knowledge Sharing Program with Bangladesh: Policy Consultation on Bangladesh IP and GI Management System 2014/15 Knowledge Sharing Program with Bangladesh Sharing Program 2014/15 Knowledge 2014/15 Knowledge Sharing Program with Bangladesh: Policy Consultation on Bangladesh IP and GI Management System MINISTRY OF STRATEGY AND FINANCE 2014/15 Knowledge Sharing Program with Bangladesh 2014/15 Knowledge Sharing Program with Bangladesh Project Title Policy Consultation on Bangladesh IP and GI Management System Prepared by Korea Institute of Intellectual Property (KIIP) Supported by Ministry of Strategy and Finance (MOSF), Republic of Korea Korea Development Institute (KDI) Prepared for The Government of the People’s Republic of Bangladesh In Cooperation with Department of Patents, Designs and Trademarks (DPDT) Program Directors Si Wook, Lee, Executive Director, Center for International Development (CID), KDI Hong Tack Chun, Dean of KDI School of Public Policy and Management, Former Executive Director, CID, KDI Choi, Changyong, Director, Division of Policy Consultation & Evaluation, CID, KDI Program Officer Yerim Kim, Research Associate & Program Officer, Center for International Development (CID), KDI Yoohum Goh, Researcher, Korea Institute of Intellectual Property (KIIP) Senior Advisor Dongman Ha, Professor, Chodang University Project Manager In Huh, Legal Research Team, Head of Team, Korea Institute of Intellectual Property (KIIP) Authors Chapter 1. Youngmo Kim, Researcher, Korea Institute of Intellectual Property (KIIP) Chapter 2. Sukyung Nam, Associate Research Fellow, Korea Institute of Intellectual Property (KIIP) English Editor Seryon Lee, Professor, Chonbuk National University H. Samantha Kim, Lawyer Government Publications Registration Number 11-1051000-000633-01 ISBN 978-89-8063-966-3 94320 ISBN 978-89-8063-827-7 (set) Copyright ⓒ 2015 by Ministry of Strategy and Finance, Republic of Korea Government Publications Registration Number 11-1051000-000633-01 2014/15 Knowledge Sharing Program with Bangladesh: Policy Consultation on Bangladesh IP and GI Management System MINISTRY OF STRATEGY AND FINANCE Preface The main purpose of the Knowledge Sharing Program (KSP) lies in contributing to the social and economic development of partner countries by sharing the experience of Korea. KSP was first introduced in 2004 by the Ministry of Strategy and Finance (MOSF) of Korea and is managed by the Korea Development Institute (KDI). For the last ten years, 46 countries from all around the globe have become KSP partner countries and 606 policy recommendations have been proposed as KSP consulting subjects. The Knowledge Sharing Program (KSP) is the economic cooperation program through which Korea supports economic and social development of a partner nation and builds a foothold for an amicable economic cooperation by sharing experience and knowledge. Since its commencement in 2004 under the supervision of the Ministry of Strategy and Finance of Korea, KSP has been managed by Korea Development Institute, and consists of mutual policy advice, joint-consulting with international organizations, and modulization business of development experience. Especially as to policy advise, KSP aims to offer a customized policy consult which can contribute to the economic and social development of a partner nation, and performs about 720 studies over a total of 51 nations from 2004 to 2014. Bangladesh KSP has been carried forward upon a request through the government embassy from the Bangladesh government for sharing Korean experience on the enhancement of capabilities of international intellectual property standard and the operation of geographical indication system. Thereafter Korean Institute of Intellectual Property (KIIP) chosen as an executing institute performed demand survey on policy consults, policy demand seminar, interim reports and training of policy working-level staff, policy conversation among executive professionals and a local final report. First, KSP carried out a local demand survey and a policy demand seminar in Dacca, capital of Bangladesh in November 2011, and held an interim report on the joint study between Korean and Bangladesh in February 2015. KSP shared the progress of research with policy makers of Bangladesh throughout all project levels, gathered opinions on policy suggestions, discussed the final research outcomes of a policy consult with local professionals, and reflected opinions therefrom into a final report. The final draft was issued at a high-level policy conference and a final meeting held in April 2015. As the world economies entered into the era of intellectual property, intellectual property has been emerging as the source of national wealth and competitiveness. The regime of international intellectual property has been expandedly formed due to the opening of the world economies and the acceleration of competitiveness. Under this global trend, globalization and unification of intellectual property regime is an irreversible trend, and underdeveloped nations have no choice but to pay attention to prepare strategies to cope with changing international regime. Especially Korean is an exceptional example which has developed intellectual property system and policies by adopting international regime and adapting it into domestic environment. It will be said that Korea has an implication on Bangladesh which aims to achieve a sustainable economic growth along with globalization of intellectual property. It is expected that sharing Korea’s experience and knowledge through this Bangladesh KSP will builds a foothold for the improvement of Bangladesh’s intellectual property system in future. Based on case studies of Korea’s successful intellectual property policies and system operation, this report aims to offer practical and customized policy advice to Bangladesh. Accordingly, researchers of both countries reviewed level of awareness of Bangladesh's intellectual property, legalization of related laws, and progress of national strategies, sought practical and feasible policy alternatives. However, in order to gain a driving force for policy suggestions of this report, above all active support by the Bangladesh government is needed. With the publication of a final report ahead, we express our gratitude to Mr. Dong Man Ha, senior advisor and KIIP research staff who devoted themselves to this study in order to share their experience on the development of Korea’s intellectual property system, and DPDT and local specialists who sincerely participated throughout the study. We also express our gratitude to reviewers and executive advisors who gave valuable advices at both interim and final stage of the study, and to the staff of KDI International Development and Cooperation who are committed to KSP from planning to working-level support. Deok-cheol Choi President Korea Institute of Intellectual Property Contents 2014/15 KSP with Bangladesh ................................................................................................ 011 Executive Summary ............................................................................................................ 021 Chapter 1 Policy Consultancy for the Development of Intellectual Property in Bangladesh Summary .......................................................................................................................... 028 1. Introduction ............................................................................................................ 030 2. Intellectual Property Systems and Economic Development .............................................. 031 2.1. Overview ........................................................................................................... 031 2.2. Korea’s Experiences ............................................................................................. 032 2.3. Case of Bangladesh ............................................................................................. 035 3. IP Policy, Legal & Institutional Framework ..................................................................... 040 3.1. IP Policy & Strategy ............................................................................................. 040 3.2. IP Laws ............................................................................................................. 046 3.3. IP Administration ................................................................................................ 054 4. IP Awareness & Environment ..................................................................................... 061 4.1. Current Status in Bangladesh ................................................................................ 061 4.2. Introduction of Utility Model ................................................................................ 062 4.3. Establishment of Regional Property Center ............................................................. 069 4.4. Introduction of Compensation System for Employee’s Invention ................................. 072 4.5. Reformation of Commission Fee ............................................................................ 073 References ........................................................................................................................ 074 Chapter 2 Proposal on the Management of the Bangladesh GI System Summary ........................................................................................................................... 078 1. Introduction ............................................................................................................ 079 2. Current Situation and
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