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Research Proposal


Online Application System for ensuring Industrial Property Rights in Bangladesh
Background

The concept of Intellectual Property is very important in the economic development of Bangladesh. Trade body and individuals are becoming interested to ensure their industrial property rights. Since the emergence of Bangladesh in 1971 we have got 7,972 patent, 15,508 design and 154,938 trademarks applications till 2010. The Department of Patents, Designs and Trademarks under the Ministry of Industries is responsible for dealing with these applications. This department issue letter of patents and give design and trademark registration.

We are getting around one hundred applications for granting patents and for registration of designs and trademarks every day. These applications are processed manually. We also preserve all sorts of information manually. But in the present context by using obsolete manual process, it is impossible to render proper service to the service seekers. Due to lake of online system we cannot keep pace with the millennium development goal. To ensure Industrial Property rights use of information technology is also a must. For this reason I have selected this project.

What is the steps and process of application and approval. Where exactly are the delays in the process? At which point in the process can a computer help?

The steps are as follows:

1. Filing of application;
2. Examination;
3. Objection by the Examiner/ Proposal for Gazette Publication by the BG Press;
4. Decision of the Assistant Registrar;
5. Decision of the Deputy Registrar;
6. Journal Publication;
7. Wait for Opposition;
8. If opposition opposition case starts and wait for decision of the Opposition Tribunal;
9. If no opposition moves for Issuance of Registration.

From filing to issuance of registration in each and every steps, there are delay.

If the total activities are done online i.e.; from examination to issuance of certificate delay will be resolved. Applicants will get information about the current status of their applications online.

Who does the problem affect?
Individuals, group of people or even an institution are affected by the existing system. People cannot get proper service due to lack of proper service. It could be ensured by introducing online application system.

What are the boundaries of the problem? Which areas does the problem affect?

All Acts regarding Industrial Property are not updated yet. We need to introduce online application system for all the sectors of intellectual property. But only the new Trade Marks Act, 2009 provided for online system. Other two major sectors (i.e.; patents and designs) are still guided by 100 years old The Patents and Designs Act, 1911. This Act should be updated. Absence of well equipped technology and lack of sufficient manpower are some of the major areas that affects the issue.

What is the problem?

The Problem is that it takes long time even 12 years for getting a trademark registration, 5 years for patent and registration. For this reason applicants have to suffer a lot.

What is the impact of the problem?

The impact of this problem is that people do not get proper service from the Department of Patents, Designs and Trademarks within due time. On the other hand due to the failure of the departments part, government loses a huge amount of revenue from the applicants of home and abroad. This brings a negative effect in the economy.

What will happen when it is fixed?

In the project my proposal is to give services to the applicants within a reasonable possible time. All sorts of communication will be done online. We will accept applications online. We shall process the application through online. Even we will receive prescribed fees online. This will help the applicants to avoid unusual delay. The online application system will give relief people from coming to the Department of Patents, Designs and Trademarks and will save time and money. In the fulfilment of this project clients will be able to know the up-to-date information of their application from home and abroad. If we could introduce online application system, definitely it will reduce time for better service from the clients’ end as well as the department’s end.

What would happen if we didn’t solve the problem?

If the problem is not solved, people would loose their interest for patent, design and registration. The economy will suffer a lot. Innovation and invention from the part of the potential innovators will fall in crisis.

Research goal
The goal of the research is that if we can introduce online application system, the existing problems in giving registration willdisappear.
The research questions:
1. Is the present application system is satisfactory to ensure Intellectual Property Rights? If no
2. Is the online application system is necessary to improve the quality of IPR protection system in Bangladesh?

For finding data to answer the research questions I will collect the answer of the following questions both from personnel working in office of Department of Patents, Design and Trademarks and service taker people.
Question to the service taker people are:
1. How many days do you needed to get Letter Patents?
2. How many days do you needed to get Design registration?
3. How many days do you need to get Trademark registration?
4. How many days you need to get information from the DPDT?
5. How many days you need to response to the DPDT?
6. Do you think that online application system can improve the situation?
7. What are the stages for time gap?
8. Do you think that on-line application system could reduce the time gap?
9. Do you or your office is capable to process web-based application system if you are offered to apply for Patents, Trademark, Design in on-line system?
10. Do you think that online application system will ensure Industrial Property Rights in Bangladesh?

Question to the personnel working in office of Department of Patents, Design and Trademarks may be-

  1. How many applications for Patents arrive per month on an average?
  2. With the existing facility, how many applications for Patents can be attended per month on an average?
  3. How many applications for Design arrive per month on an average?
  4. With the existing facility, how many applications for Design can be attended per month on an average?
  5. How many applications for Trademark arrive per month on an average?
  6. With the existing facility, how many applications for Trademark can be attended per month on an average?
  7. How many days are required to communicate with the applicant and how many days are required to get feedback from the applicant?
  8. What are the stages for time gap?
  9. Do you think that on-line application system could reduce the time gap?
  10. Do you think that online application system will ensure Industrial Property Rights in Bangladesh?

Research methodology

I will collect data from both primary and secondary sources. I will collect primary data by Observation, Interview, FGD and Mail Survey.
In case of secondary data I will collect from Department of Patents , Designs and Trademarks, WIPO web site, DPDT web site and relevant web sites. I will collect data from relevant Journals and Seminar Papers. I will also collect data from relevant experts of some stake holders.

Data Presentation and Analysis

I will present data using Tabular, Pie chart and Bar chart etc.

To analyse data chi square test will be done for qualitative data.
I will analyse quantitative data by mean, standard deviation, percentile etc.

Research Title or Problem Statement
Online Application System for ensuring better Industrial Property Rights in Bangladesh.