Barrister Asif S. Bhuiyan

11/09/2026

| BEFORE YOU SHARE CONFIDENTIAL BUSINESS INFORMATION, PROTECT IT |

Businesses regularly share valuable information with potential investors, partners, manufacturers, consultants, employees, contractors, and other third parties.

This may include business plans, customer information, pricing strategies, technical information, product designs, research, source code, processes, or other commercially sensitive information.

But an important question is often overlooked: what happens if the information is disclosed or used without permission?

According to the UK Intellectual Property Office, businesses should consider using a non-disclosure Agreement when they need to share confidential information with others. An NDA is a legal contract that establishes how information may be shared and used and can help protect confidential business information.

A well drafted NDA should clearly identify the confidential information, specify the permitted purpose for which it may be used, determine who may receive it, and establish appropriate confidentiality obligations.

Businesses should also consider how long confidentiality obligations should continue and what should happen to confidential materials when the business relationship ends.

Confidentiality should not be treated as an afterthought. Once sensitive information becomes public, protecting it as confidential information may become significantly more difficult.

Before disclosing valuable business or technical information to a third party, putting appropriate confidentiality protections in place can help reduce legal and commercial risks.

Source: UK Intellectual Property Office, Non-disclosure agreements.

Read more: https://www.gov.uk/government/publications/non-disclosure-agreements/non-disclosure-agreements



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

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01/09/2026

| CAN YOU STOP SOMEONE ELSE FROM REGISTERING A SIMILAR TRADEMARK? |

Registering your own trademark is important, but protecting your brand does not end with your own application.

What happens if another business applies to register a trademark that is identical or confusingly similar to yours?

In many jurisdictions, trademark owners have an opportunity to oppose the application before it becomes registered. According to the International Trademark Association (INTA), an opposition is a legal procedure that allows a party to challenge the registration of a trademark at the trademark office level.

An opposition may be particularly important where a new application could create confusion with an existing brand. Depending on the applicable law, opposition proceedings may also involve other grounds for challenging the registration.

Businesses should therefore monitor new trademark applications in the markets where their brands operate. Identifying a potentially conflicting application at an early stage may provide an opportunity to take appropriate action before the competing mark becomes registered.

Failing to monitor and protect a valuable trademark can allow conflicting marks to enter the market and potentially weaken the distinctiveness and commercial value of a brand.

Trademark protection is therefore not simply about obtaining registration. It is also about actively protecting the rights that registration provides.

Source: International Trademark Association (INTA), Oppositions.

Read more: https://www.inta.org/topics/opposition/



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

An opposition is a challenge to the grant of a trademark registration at the trademark office level. Most jurisdictions have adopted opposition proceedings as an effective way to resolve trademark rights disputes and keep the register accurate.

24/08/2026

| GDPR & SWISS FADP | | WHAT ARE THE BASIC PRINCIPLES EVERY BUSINESS MUST FOLLOW WHEN PROCESSING PERSONAL DATA? |

Collecting personal data is now part of almost every modern business.

Customer names, email addresses, telephone numbers, employee records, payment information and other personal information are regularly collected and used for business purposes.

But a business cannot simply collect and use personal data because the information is useful.

The GDPR establishes a set of fundamental principles that businesses must follow when processing personal data. These principles form the foundation of the entire GDPR framework.

Personal data must be processed lawfully, fairly and transparently. It should be collected for specific and legitimate purposes and should not be used in a way that is incompatible with those purposes. Businesses should only collect the amount of personal data that is necessary for the relevant purpose, ensure that the information remains accurate, and avoid keeping it for longer than necessary.

Businesses must also take appropriate measures to protect personal data against unauthorised or unlawful processing, accidental loss, destruction or damage.

Perhaps most importantly, the GDPR follows the principle of accountability. A business is not only expected to comply with these principles but must also be able to demonstrate that it has complied with them.

The Swiss FADP follows a similar principles-based approach. Under Article 6 of the FADP, personal data must be processed lawfully, in good faith and proportionately, for a specific purpose that the data subject can recognise. Data should be destroyed or anonymised when it is no longer required, and its accuracy must be maintained.

These principles are therefore more than general statements of good practice.

They provide the foundation upon which privacy notices, data retention policies, security measures, data processing agreements, consent mechanisms and wider data protection compliance are built.

For businesses operating in the EU, Switzerland or across international markets, understanding these principles is one of the first steps towards building a proper data protection framework.

Legal Reference: Article 5, Regulation (EU) 2016/679 (GDPR) and Article 6, Swiss Federal Act on Data Protection (FADP)

Source: European Commission, Principles of the GDPR; Federal Data Protection and Information Commissioner, Data Protection and Information Security

Read more: European Commission, Principles of the GDPR https://commission.europa.eu/law/law-topic/data-protection/information-business-and-organisations/principles-gdpr_en



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

An overview of the key principles that govern how personal data can be collected, processed and kept under the GDPR.

20/08/2026

| LICENSING YOUR INTELLECTUAL PROPERTY: HOW TO TURN RIGHTS INTO BUSINESS VALUE |

Intellectual property is not only something a business needs to protect. It can also be a valuable commercial asset that can generate revenue and create new business opportunities.

A business that owns valuable intellectual property may allow another party to use it through a licensing agreement while retaining ownership of the underlying rights. Licensing may apply to trademarks, copyright, patents, software, technology, know how, and other intellectual property.

According to the UK Intellectual Property Office, intellectual property can be licensed to another business in return for a fee, allowing the owner to generate revenue while giving another party permission to use the intellectual property under agreed terms.

A licensing agreement should do more than simply give permission to use intellectual property. It should clearly define the scope of the licence, permitted uses, territory, duration, payment arrangements, exclusivity, confidentiality, quality requirements, and what happens when the agreement ends.

A poorly structured licence can create uncertainty about how intellectual property may be used and can potentially reduce the commercial value of the rights being licensed.

For businesses looking to expand, collaborate with other companies, commercialise technology, or generate revenue from existing intellectual property, a carefully negotiated licensing agreement can be an important part of their business strategy.

Source: UK Intellectual Property Office, Licensing intellectual property.

Read more: https://www.gov.uk/guidance/licensing-intellectual-property



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

Intellectual property can be bought, sold or licensed.

17/08/2026

| LICENSING YOUR INTELLECTUAL PROPERTY: HOW TO TURN RIGHTS INTO BUSINESS VALUE |

Intellectual property is not only something a business needs to protect. It can also be a valuable commercial asset that can generate revenue and create new business opportunities.

A business that owns valuable intellectual property may allow another party to use it through a licensing agreement while retaining ownership of the underlying rights. Licensing may apply to trademarks, copyright, patents, software, technology, know how, and other intellectual property.

According to the World Intellectual Property Organization (WIPO), licensing can allow intellectual property owners to enter new markets, develop business partnerships, and generate additional revenue through payments such as royalties.

However, a licensing agreement should do more than simply give permission to use intellectual property. It should clearly define the scope of the licence, permitted uses, territory, duration, payment arrangements, exclusivity, confidentiality, quality requirements, and what happens when the agreement ends.

A poorly structured licence can create uncertainty about how intellectual property may be used and can potentially reduce the commercial value of the rights being licensed.

For businesses looking to expand, collaborate with other companies, commercialise technology, or generate revenue from existing intellectual property, a carefully negotiated licensing agreement can be an important part of their business strategy.

Source: World Intellectual Property Organization (WIPO) and International Trade Centre (ITC), Exchanging Value: Negotiating Technology Licensing Agreements: A Training Manual.

Read more: https://www.wipo.int/publications/en/details.jsp?id=291&plang=EN



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

This Manual is based on material used and tested in a series of workshops conducted jointly by WIPO and the International Trade Centre (ITC) where the importance of understanding the relevance of intellectual property in negotiating technology license agreements were discussed and mock negotiations....

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.