Comparative Analysis of Intellectual Property Laws of Bangladesh and India in the Age of Global Techno-Capitalism

Abstract

In an era where intangible assets increasingly dictate global economic and technological hierarchies, intellectual property (IP)has emerged as a critical battleground between innovation, control, and access. This article undertakes a comparative legal and socio-political analysis of IP frameworks in Bangladesh and India, contextualized within the broader transformation brought by global techno-capitalism. While both countries share postcolonial legacies and common development goals, they diverge significantly in legal architecture, enforcement strategies, and policy orientation especially in handling emerging challenges such as artificial intelligence (AI), digital content ownership, and platform-based economies. The study interrogates how global technology giants operating under the shields of TRIPS and WIPO-centric regimes reproduce neo-imperial monopolies over knowledge, data, and algorithmic outputs. The article introduces a regional perspective by exploring South Asia’s capacity for IP reform through sui generis legal systems, grassroots innovation protection, participatory policymaking, and regional collaboration. It argues for a human-centered, context-sensitive IP regime that values not only innovation and economic development but also equity, inclusiveness, access to knowledge, and cultural continuity. Ultimately, this work contributes to reimagining IP law as a vehicle for epistemic justice, rather than as a tool for perpetuating techno-capitalist hierarchies and exploitative asymmetries.