Barrister Asif S. Bhuiyan

13/08/2026

| WHY INTELLECTUAL PROPERTY DUE DILIGENCE MATTERS BEFORE A BUSINESS DEAL |

When a business is being acquired, invested in, merged, or entering into a major commercial partnership, financial records are not the only assets that require careful review. Intellectual property can be equally important.

A company’s trademarks, copyrights, patents, trade secrets, software, domain names, licences, and other intellectual property may represent significant commercial value. However, the existence of an intellectual property asset does not necessarily mean that the business legally owns or can freely use it.

Intellectual property due diligence helps identify what intellectual property a business owns and uses, who owns those rights, whether the rights are properly documented, and whether there are any existing restrictions, licences, disputes, or potential infringement risks.

For example, a business may have invested heavily in developing software, branding, content, or technology without properly documenting ownership or obtaining appropriate assignments from employees, contractors, or third parties. Such issues can affect the value of the business and may become significant during an acquisition or investment.

According to the World Intellectual Property Organization (WIPO), reviewing intellectual property assets can help businesses identify opportunities, manage risks, attract investors, and maximise the commercial value of their intellectual property.

Before entering into a significant business transaction, conducting appropriate intellectual property due diligence can therefore help identify hidden risks, protect the value of the transaction, and support better commercial decision making.

Source: World Intellectual Property Organization (WIPO), Why Intellectual Property is Essential for your Business.

Read more: https://www.wipo.int/en/web/business



Kind regards,
Asif Sultan Bhuiyan
Barrister-at-Law, Lincoln’s Inn
Advocate, Supreme Court of Bangladesh

Find out how an understanding of IP can help your business become more competitive.

11/08/2026

Opinion: Developing and deploying AI tools internally creates risks to proprietary and confidential information, but companies can take measures to mitigate potential problems and control data access.

11/08/2026

| YOUR DOMAIN NAME IS A BUSINESS ASSET. PROTECT IT ACCORDINGLY |

In today’s digital economy, a domain name is much more than a website address. It represents your business identity, strengthens your online presence, and helps customers find and trust your brand.

Choosing and registering a domain name is an important commercial decision. However, many businesses mistakenly believe that registering a domain name automatically gives them exclusive legal rights to that name. In reality, domain name registration and trademark rights are separate legal concepts.

According to the World Intellectual Property Organization (WIPO), disputes often arise when a domain name is identical or confusingly similar to another party’s trademark. This practice, commonly known as cybersquatting, may result in legal proceedings that could lead to the transfer or cancellation of the domain name.

Before investing in a domain name, businesses should consider conducting appropriate trademark searches and ensuring that the chosen name does not infringe the rights of others. Equally important is registering domain names that correspond with your brand and maintaining them as part of your overall intellectual property strategy.

A well planned domain name strategy can help protect your brand, strengthen customer confidence, and reduce the risk of costly legal disputes in the future.

Source: World Intellectual Property Organization (WIPO), Frequently Asked Questions: Internet Domain Names.

Read more: WIPO: Frequently Asked Questions: Internet Domain Names

https://www.wipo.int/amc/en/center/faq/domains.html



Kind regards,
Asif Sultan Bhuiyan
Barrister-at-Law, Lincoln’s Inn
Advocate, Supreme Court of Bangladesh

08/08/2026

| OPEN SOURCE SOFTWARE: FREE TO USE, BUT NOT FREE FROM LEGAL OBLIGATIONS |

Open source software has transformed the way technology is developed. From startups to multinational companies, businesses rely on open source components to reduce development time, encourage innovation, and lower costs. However, "open source" does not mean "free from legal obligations."

Open source software is generally distributed under licences that grant users permission to use, modify, and distribute the software, provided that they comply with the applicable licence terms. According to the World Intellectual Property Organization (WIPO), open source software is not a renunciation of copyright, but a different way of exercising the rights that copyright provides, based on licence terms. Different open source licences impose different obligations, and failure to comply with those obligations may expose a business to legal and commercial risk.

Businesses should understand which open source components are incorporated into their software and ensure that their use complies with the relevant licence conditions. In some cases, licence terms may require attribution, disclosure of source code, or compliance with other conditions before software can be distributed.

Technology businesses should therefore adopt appropriate open source compliance policies, maintain accurate records of third party software used in their products, and obtain legal advice where necessary. A proactive approach can help reduce legal risk while allowing businesses to benefit from the innovation that open source software offers.

Source: World Intellectual Property Organization (WIPO), *Copyright Licensing in the Digital Environment.*
Read more: https://www.wipo.int/en/web/copyright/activities/copyright_licensing



Kind regards,
Asif Sultan Bhuiyan
Barrister-at-Law, Lincoln's Inn
Advocate, Supreme Court of Bangladesh

The digital environment is facilitating copyright licensing by different means, including by helping to rapidly locate and identify licensors and licensees, providing virtual platforms for exchange and automating contracts, payments, and the delivery of goods and services.

04/08/2026

| WHO OWNS THE SOURCE CODE? A QUESTION EVERY TECHNOLOGY BUSINESS SHOULD ASK |

Many businesses invest significant resources in developing websites, mobile applications, enterprise software, and digital platforms. However, one critical legal question is often overlooked. Who owns the source code?

Source code is the human readable version of a computer program and is one of the most valuable intellectual property assets in a software project. Ownership of the source code determines who has the legal right to use, modify, license, sell, or further develop the software.

According to the World Intellectual Property Organization (WIPO), computer programs are protected by copyright as literary works. However, copyright ownership does not automatically belong to the person or company that pays for the software to be developed. Ownership depends on the applicable law and, in many cases, the terms of the contract between the parties.

Businesses should therefore ensure that software development agreements clearly address intellectual property ownership, assignment of rights, confidentiality obligations, maintenance responsibilities, and future modifications. A well drafted agreement can significantly reduce the risk of ownership disputes and protect long term commercial interests.

Whether you are engaging a software developer, outsourcing a technology project, or investing in a digital product, obtaining appropriate legal advice before development begins can help ensure that your business retains control over one of its most valuable assets.

Source: World Intellectual Property Organization (WIPO), Copyright Protection of Computer Software.

Read more: https://www.wipo.int/en/web/copyright/activities/software



Kind regards,
Asif Sultan Bhuiyan
Barrister-at-Law, Lincoln’s Inn
Advocate, Supreme Court of Bangladesh

In the 1970s and 1980s, there were extensive discussions on whether the patent system, the copyright system, or a sui generis system, should provide protection for computer software.

01/08/2026

Opinion: Three recent IP cases show how courts are articulating clearer standards governing the use of AI in litigation.

01/08/2026

| SOFTWARE IS AN ASSET: PROTECTING YOUR BUSINESS BEYOND COPYRIGHT |

In today’s digital economy, software is one of the most valuable intellectual property assets a business can own. Whether it is a mobile application, enterprise software, a Software as a Service (SaaS) platform, or a customised business solution, protecting software is essential to preserving its commercial value.

According to the World Intellectual Property Organization (WIPO), computer programs are generally protected by copyright as literary works. However, protecting software involves much more than copyright. Businesses should also consider source code ownership, software licensing, confidentiality obligations, trade secret protection, and carefully drafted contracts that clearly define intellectual property rights.

Many software related disputes arise because ownership has not been clearly established. A business may invest significant resources in developing software only to discover that the developer, contractor, or another party claims ownership of the source code or the intellectual property. Proper software development agreements and intellectual property assignment clauses can help prevent such disputes.

Businesses should also ensure that any third party or open source software incorporated into their products complies with the applicable licence terms. Failure to comply may result in legal liability, financial loss, operational disruption, and reputational harm.

Whether you are developing software, investing in digital products, or entering into technology partnerships, obtaining appropriate legal advice at an early stage can help protect your intellectual property and maximise the long term value of your business.

Source: World Intellectual Property Organization (WIPO), Copyright Protection of Computer Software.

Available at: https://www.wipo.int/es/web/copyright/activities/software



Kind regards,
Asif Sultan Bhuiyan
Barrister-at-Law, Lincoln’s Inn, UK
Advocate, Supreme Court of Bangladesh

In the 1970s and 1980s, there were extensive discussions on whether the patent system, the copyright system, or a sui generis system, should provide protection for computer software.

30/07/2026

| WHY TRADE SECRETS ARE A BUSINESS’S HIDDEN ADVANTAGE |

Not every valuable business asset can or should be registered. Some of the most important intellectual property is protected by keeping it confidential.

According to the World Intellectual Property Organization (WIPO), trade secrets are intellectual property (IP) rights relating to confidential information that derives commercial value from remaining secret. Importantly, trade secrets may also be sold or licensed, making them valuable business assets alongside patents, trademarks, and copyrights.

Trade secrets may include manufacturing processes, formulas, customer lists, pricing strategies, business plans, algorithms, software know-how, research data, and other confidential information that provides a competitive advantage.

Unlike patents, trade secrets can remain protected indefinitely, provided that reasonable measures are taken to preserve their confidentiality. Businesses that fail to implement appropriate safeguards may risk losing valuable information to competitors, employees, or third parties.

Protecting trade secrets involves more than simply marking documents as “confidential.” It requires well-drafted Non-Disclosure Agreements (NDAs), confidentiality clauses in employment and commercial contracts, secure information management practices, and clear internal policies governing access to sensitive information.

Whether you are a startup, technology company, manufacturer, or established enterprise, identifying, protecting, and commercially exploiting your trade secrets can strengthen your competitive advantage and increase the long-term value of your business.

Source: World Intellectual Property Organization (WIPO), Trade Secrets.
Read more: https://www.wipo.int/tradesecrets/en/



Kind regards,
Asif Sultan Bhuiyan
Barrister-at-Law, Lincoln’s Inn, UK
Advocate, Supreme Court of Bangladesh

The unauthorized acquisition, use or disclosure of such secret information in a manner contrary to honest commercial practices by others is regarded as an unfair practice and a violation of the trade secret protection.

29/07/2026

| COPYRIGHT PROTECTION: SAFEGUARDING YOUR CREATIVE WORK |

In today’s digital world, creative works can be copied, shared, and distributed within seconds. Whether you are an author, photographer, software developer, designer, musician, filmmaker, or content creator, protecting your original work has become more important than ever.

According to the World Intellectual Property Organization (WIPO), copyright protects original literary and artistic works by granting creators exclusive rights over the use and distribution of their creations. This legal protection encourages innovation and ensures that creators receive recognition and economic benefit from their work.

Many businesses invest significant time and resources in developing websites, marketing materials, software, training manuals, photographs, and digital content. However, without a proper understanding of copyright law, these valuable assets may be vulnerable to unauthorised use or infringement.

Copyright protection is not only about enforcing legal rights after infringement occurs. It is also about implementing effective legal strategies from the outset, including licensing arrangements, ownership agreements, and contractual protections that minimise future disputes.

If your business creates original content or develops intellectual assets, obtaining appropriate legal advice at an early stage can help safeguard your rights and maximise the commercial value of your work.

Source: World Intellectual Property Organization (WIPO), Understanding Copyright and Related Rights.
Read more: https://www.wipo.int/copyright/en/



Kind regards,
Asif Sultan Bhuiyan
Barrister-at-Law, Lincoln’s Inn, UK
Advocate, Supreme Court of Bangladesh

Find out more about copyright including international copyright issues, WIPO services for creators and registering copyright, and collective management.

27/07/2026

| WHY TRADEMARK REGISTRATION IS ESSENTIAL FOR EVERY BUSINESS |

A strong brand is one of the most valuable assets a business can own. However, many startups and small businesses launch their products or services without securing trademark protection, exposing themselves to the risk of infringement, imitation, and costly disputes.

According to the World Intellectual Property Organization (WIPO), trademarks help consumers identify the source of goods and services and enable businesses to build reputation and trust in the marketplace.

Registering a trademark is not merely a legal formality. It is a strategic business decision that protects your brand identity, strengthens customer confidence, and creates long-term commercial value.

If you are planning to launch a new business, product, or service, it is advisable to conduct a trademark search and secure registration before investing heavily in branding and marketing.

Source: World Intellectual Property Organization (WIPO), What is a Trademark?
Read more: https://www.wipo.int/trademarks/en/



Kind regards,
Asif Sultan Bhuiyan
Barrister-at-Law, Lincoln’s Inn, UK
Advocate, Supreme Court of Bangladesh

WIPO's trademarks page is your starting point to understand, search, and register trademarks.