Naveen Gupta


CASE 3: Rock and Roll in Bangladesh: Protecting Intellectual Property Rights in Music

 1. Provide a concise summary of the main issues in the case before addressing the questions

 2. Two major challenges for copyright owners -- relating to copyright violations and loss of royalties -- are the cost of seeking legal redress and the absence of enforcement in some countries.

 What are some of the lessons learned from this case, and what are the options available to companies when there are limited enforcement capabilities and protracted legal processes relating to legal redress for copyright violations in some countries?

 3. How was the concept of "National Treatment" as defined in the TRIPS Agreement applied in this case, and do you believe that it was applied correctly?

 4. Classified as a Least Developed Country (LDC), Bangladesh was given an additional period of time to make its domestic laws relating to intellectual property rights compatible with the TRIPS Agreement and, where necessary, to enact new laws.

 Was it appropriate for Bangladesh to benefit from this case even though the country is not required to extend IP protection to other countries until it has made its laws compatible with those of the TRIPS Agreement?