BGMEA issues circular on intellectual property right protection, enforcement to prevent manufacturing of counterfeit goods

Against the backdrop of Intellectual Property Right (IPR) protection and enforcement in the garments industry to prevent manufacturing of counterfeit goods, the Bangladesh Garment Manufacturers and Exporters Association (BGMEA) has issued a circular to the BGMEA member factories for their awareness and stand against manufacturing counterfeit goods. 

The circular, signed by BGMEA President Faruque Hassan, refers to the USTR's Special 301 Review on Intellectual Property Rights (IPR) Protection and Enforcement in Bangladesh in media reports.

The American Apparel and Footwear Association (AAFA) and the Paris-based Union des Fabricants (UNIFAB) made a submission to the United States Trade Representative (USTR) to include Bangladesh, China, and the European Union in the priority watch list of USTR's Special 301 Review for alleged involvement in exporting counterfeit goods, including clothing.

In its submission, AAFA mentioned that "while being an important legitimate sourcing country for the industry, counterfeits from Bangladesh are being seized at an increasing rate globally as counterfeit production is growing." AAFA also said that "well-organised Bangladeshi-run counterfeiting networks effectively exported counterfeits for sales to consumers in the United Kingdom, the Philippines, Malaysia and other countries".

It also mentioned statistics about 'surplus' / 'overrun' products indicating the trading of stock-lots.

"For your kind information, USTR conducts regular annual Special 301 Review which concerns IPR protection and enforcement. The process includes a public comment period.

BGMEA has taken this matter seriously and we are working with our government. The Government of Bangladesh has made an initial submission already and a detailed submission is being prepared currently," the circular reads.

Though as an LDC, Bangladesh enjoys international support measures in the form of development assistance and certain waivers, however we should not label ourselves as a source of counterfeit goods. So far we focused mostly on social and environmental compliance issues; we now have to pay more attention to these emerging issues governing trade across borders.

"Through this mail I would like to request you to remain more careful about right ownership about the products you are manufacturing, particularly if the order is placed by a licensee, importer or an agent of the brand owner," Hassan said in the letter.

BGMEA will take up awareness and capacity-building programmes around this issue which include raising awareness, dissemination of relevant knowledge and information, and so on.

"We should commit ourselves to say no to any business that involve violation of IPR. If we can do so, it will give us an extra edge as we are transitioning to a middle income country. On the other hand, we will be able to retain the trust and confidence of our valued customers which we have built over more than 40 years," the BGMEA president urged, requesting all valued members to take this issue seriously and take necessary steps of stand against manufacturing counterfeit goods.