[Challenges and Scope For Intellectual Property In South Asia and Speciallly India And Bangladesh]

by

Acknowledgement

I would take this opportunity to thank my research supervisor, family and friends for their support and guidance without which this research would not have been possible.

Declaration

I, [type your full first names and surname here], declare that the contents of this dissertation/thesis represent my own unaided work, and that the dissertation/thesis has not previously been submitted for academic examination towards any qualification. Furthermore, it represents my own opinions and not necessarily those of the University.

Signed __________________ Date _________________

Abstract

In this study we try to explore the concept of challenges and scope for intellectual property in South Asia Speciallly India and Bangladesh in a holistic context. The main focus of the research is on challenges and scope for intellectual property in India and Bangladesh and its relation with challenges faced by these countries. The research also analyzes many aspects of challenges and scope for intellectual property in South Asia Speciallly India and Bangladesh and tries to gauge its effect on India and Bangladesh along with other South Asian countries. Finally the research describes various factors which are responsible for challenges and scope for intellectual property and tries to describe the overall effect of it on South Asian countries and slight touch will be given to other developed countries.

Table of Contents

ACKNOWLEDGEMENT2

DECLARATION3

ABSTRACT4

LIST OF TABLES7

CHAPTER 1: INTRODUCTION8

Introduction8

Purpose of the study12

Research questions13

CHAPTER 2: LITERATURE REVIEW14

Theoretical framework14

Intellectual Property Rights and Economic Development16

The Purposes and Mechanisms of Intellectual Property Rights16

Endogenous IPRS20

Positive Impacts of IPRS on Economic Development21

Negative Impacts of IPRS on Economic Development24

Evidence on the Overall Impact of IPRS on Growth26

Benefiting from Intellectual Property Rights27

Implementing Procompetitive IPRS Standards28

Enhance Capacities to Develop and Use IPRS30

IPR Current Situation in Bangladesh31

CHAPTER 3: METHODOLOGY39

Research Design39

Literature selection criteria39

Keywords used39

Discussion40

Why Bangladesh should protect the rights of IP holders41

Copyright45

The Patents and Designs Act 1911.46

Case study 1 Samsonite Corporation vs Moon Light Travels.49

Case Study 2 Kraft Foods Globe Brands LLC. vs IBN Sina Food Products Pvt. Ltd.49

Challenges in the way of enforcement50

CHAPTER 5: CONCLUSION51

Recommendations52

List of tables

TABLE 1. Simulated Static Effects Of Stronger Iprs Enforcement In India And Bangladesh25

TABLE 2. Main Fields Of Application Of Intellectual Property Rights41

Chapter 1: Introduction

Introduction

Intellectual Property can mean the difference between success and failure in business today. Companies need to be aware of the legal implications at each stage of the Intellectual Property life cycle. The evolving nature of Intellectual Property laws and the growing need for companies to have IP management programs and policies are elucidated. In today's dynamic and competitive business environment, Intellectual Property (IP) rights are key elements needed to maintain a competitive edge in the market. Intellectual property is a business asset, an integral part of the business process. Effective acquisition, management, and protection of intellectual property can mean the difference between success and failure in businesses today (Ginarte, 1997).

Legal issues arise at each of the four stages of the Intellectual Property life cycle: (1) creating the intellectual property; (2) protecting the intellectual property; (3) utilising the intellectual property; and (4) enforcing the intellectual ...