Editorial Page
State of intellectual property in Bangladesh
By Abdul Awal Howlader
Sat, 24 Dec 2005, 10:33:00

With the advancement of science and technologies, communication media have developed all over the world. It resulted in the using of folklore or the other aspects of Traditional Knowledge (TK), by any individual or organisation for commercial purposes, hampering the economic interests of the communities in which it originated. In order to adapt it to the needs of the market, it is often distorted or mutilated. At the same time, no share of the returns from it exploitation is conceded to the communities who have developed and maintained it.

At the international level, there are various conventions/treaties existed on Intellectual Property Rights (IPR). Among those conventions, Berne Convention for the Protection of Literary and Artistic works, and Paris Convention for the Protection of Industrial Property are the most important. Bangladesh is party to both the above Conventions. Under those conventions, there is no provision to extend national treatment for the protection of folklore and traditional knowledge, except Article 15(4) of the Berne Convention. It treats folklore as unpublished works where the identity of the author is unknown. But where there is very ground to presume that the author is a national of a country, it shall be a matter for legislation in that country to designate the competent authority. It shall represent the author and shall be entitled to protect his rights, in the countries around the world. In that case, the country, which makes such designation, shall notify the Director General of the World Intellectual Property Organization (WIPO), Geneva by a written declaration, giving full information concerning the authority, thus designated, for passing such information to all other countries. In Bangladesh, no such authority is created as yet for the administration of folklore or of traditional knowledge.

Like many other countries of the world, the Intellectual Property (IP) in Bangladesh is governed by the Intellectual Property Laws. Intellectual property is basically divided into two main branches. One is Literary and Artistic works, which fall within the purview of copyright laws, and the other is Industrial Property, which falls within the purview of Patent, Design and Trademark laws.

It is now observed that efforts are underway at international level to protect Traditional Knowledge (TK) by formulating new agreement/treaty and to make model provisions for the protection of folklore within the framework of copyright system now existed at International level. After the enactment of a new legislation at international level in the form of any agreement/treaty, most of the countries of the world, particularly, the developing countries where folklore are developed will be benefited in protecting their folklore and the other aspects of traditional knowledge as well. While the artistic heritage of a community plays significant social, spiritual and cultural roles; it can also playa role in economic development as a source of creativity and innovation. Traditional Knowledge is usually transmitted orally from generation to generation. In the present world with most modern technological advances we can't ignore the tremendous contribution of the TK. A study by WHO (1993) says that 80 percent of the world's population depends on TK for primary health care. Almost a similar number depends on food produced through TK of plants, animals and farming system.

Traditional cultural manifestations are also a source of inspiration and creativity for cultural industries, such as the entertainment, fashion, publishing, craft and designs industries. Many business today small and large in developed and developing countries, create wealth using the forms and materials of traditional cultures. For example, Vibrant Publishing, Music and Audiovisual industries in India and Nigeria draw upon local cultural materials and making huge business.

Recent years have seen an increasing appreciation of the role and importance of Traditional Knowledge (TK). The knowledge of farmers and indigenous people in using and conserving biological resources is now recognized as a treasure that is currently contributing enormous value to traditional and modern medicine and to agricultural productivity. According to a study by the Rural Advancement Fund International (RAFI) the value of germplasm from developing countries to the pharmaceutical industry in the early 1990' s was estimated at US $ 32 billion a year and genes from developing countries field for 15 major crops contributed over US $ 50 billion in annual sales in US alone. Yet developing countries are paid only a minute fraction of the value for the raw materials and knowledge they contribute.

To protect Traditional Knowledge Bangladesh should take immediate measures for documentation of TK and to develop a legal regime protecting it and banning patents of this knowledge on ethical social and economic ground. Needless to say, Bangladesh has much potentialities and economic viabilities of it's traditional knowledge. One researcher has identified about two hundred examples of TK of various farming tasks. Another study cites 100 examples of TK available through a study conducted in Dinajpur District. Among those one example is the use of ash in vegetable cultivation, which contains all essential minerals and adds to the water-holding capacity of the soil.

The rights of traditional knowledge holders in Bangladesh are not recognized under the existing intellectual property laws. As a result legal protection of their rights either at national or at international levels is not possible. Although, the traditional knowledge like folklore, folk-dance, folk-literature, folk-songs etc. passed on from generation to generation, plays an important role in the formation of cultural heritage of the country and those are related, directly or indirectly, to the laws on copyright and related rights. On the other hand, traditional knowledge like folk medicine and folk medicinal practices are becoming increasingly popular in Bangladesh and those are the subject matters of ,Industrial Property Laws, mostly patent laws. ;

Traditional Cultural Expression (TCE) means, products consisting of characteristic elements of the traditional Artistic Heritage developed and maintained by a community of a country or by individuals reflecting the traditional artistic expectations of the community in particular verbal expressions such as folk tales, folk poetry and riddles. Musical expressions such as folk songs and instrumental music and expressions by actions such as folk dances plays an artistic form of rituals.

In fact Bangladesh is a living museum of Folklore or Traditional Cultural Expression (TCE). Among 140 million population about 1.0 million belong to the indigenous or ethnic group. Though the whole population speak in one single language 'BANGLA' still there are different regional dialects and ethnic languages. In the sense Bangladesh people are indeed a composite nation with rich cultural, ethnic, ecological and environmental diversity. Bangladesh all along has been nursing the folk culture and the traditional cultural expressions of the indigenous people. Bangladesh has folk art and crafts foundation under the Ministry of Cultural Affairs at Sonargaon, Narayangonj and Folklore Department in 'Bangla Academy' to protect and preserve the rich Folklore or TCE of Bangladesh.

Very presently Government has formed an organization under the name "Bangladesh Cultural and Heritage Foundation (BCHF)" to specially address the traditional cultural heritage of the country. To protect and preserve the traditional cultural expression of the ethnic group Government has taken sincere efforts and established 7 Tribal Cultural Institutions in and around the indigenous people populated areas.

In Bangladesh, there are various non-government organizations working on the development of folklore and traditional knowledge. Those who apply such knowledge, they need protection in order to promote their creative works by safeguarding the economic interest. With these views in end, it is suggested that the W orId Intellectual Property Organization (WIPO) as a specialized organization, should come forward to provide more legal and technical assistance to Bangladesh with a view to:

(a) Create necessary legal authority at National level for the administration of folklore with the power of identification of traditional knowledge.

(b) Provide financial assistance to Bangladesh for conducting more and more research work on traditional knowledge and create center for documentation at national level;

(c) Implement the recommendations of UNESCO-WIPO Regional Consultation of the protection of expressions of folklore for countries of Asia and the Pacific, organized in Hanoi from April 21-23 in 1999;

(d) Provide model provisions for the effective and comprehensive protection of traditional knowledge including all stakeholders;

(e) Strengthen Intellectual Property Offices at Nation~l level to implement the recommendations of the concerned conventions and treaties;

(f) Provide practical training to the personnel working in the Intellectual Property offices/organizations in Bangladesh.

(g) Provide technical assistance to establish a workable Collective Management System of Intellectual Property in Bangladesh.



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