Navigating the post LDC graduation legal landscape in Bangladesh: Implications for the growth of pharmaceutical industry

Abstract

Bangladesh is expected to graduate from the least developed country (LDC) category and become classified as a developing country in the later part of 2026. This transition will make Bangladesh ineligible for the waiver in relation to the pharmaceutical patents under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Consequently, it will have to provide both product and process patents for the pharmaceutical products, potentially hindering the accessibility of medicines for the public as well as the growth of the pharmaceutical industry, which has immensely benefitted from a patent-free regime. In preparation for the expected graduation, Bangladesh has recently changed its patent law, making it compatible with the TRIPS provisions. In drafting the law, Bangladesh has borrowed from Indian patent law and incorporated the flexibilities provided under TRIPS. However, institutional capacity of the Department of Patents, Designs and Trademarks (DPDT), industrial readiness and active pharmaceutical ingredients production of the pharmaceutical sector are critical in effectively leveraging the flexibility provisions. This article critically examines the post-LDC legal landscape for pharmaceutical patents in Bangladesh, exploring both domestic and international challenges in the implementation of the TRIPS flexibilities. It argues that while Bangladesh has introduced the flexibility provisions in the widest possible way, the pharmaceutical sector must invest in research and develop and expand its business into foreign markets. Finally, drawing on the experience of India, the article offers some strategic recommendations for the pharmaceutical industry in Bangladesh to effectively navigate the post-LDC scenario and make it thrive in the global competitive market.