Bangladesh recently established a new trademark regime in 2009, repealing the seventy-year-old statute that was enacted as a response of the colonial government to comply with the requirements of the Paris Convention. This newly established regime governing the protection of trademarks was particularly important in discharging Bangladesh’s obligations under the WTO Agreement on TRIPS. The present study is an attempt to examine the compatibility of Bangladeshi law with the TRIPS regime of trademarks. The major focus of this study is, however, confined to the TRIPS compatibility of the Trademarks Act in relation to the aspects of acquisition and cancellation of trademark rights in particular, and the nature and scope of these rights in general. In so doing, this paper thus speaks of the success and ramifications of the present regime in exploiting the TRIPS flexibilities—the challenge that Bangladesh is supposed to encounter as a member of LDCs.
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