Under Section 22 of the Bangladesh Industrial Design Act, 2023, specific legal remedies are available when someone’s design rights are infringed. This section allows the rightful owner or licensee to file a claim for administrative compensation for unauthorized use of a registered industrial design.
📌 Step-by-Step Breakdown of Section 22:
1️⃣ Filing a Compensation Claim
If any person violates a registered industrial design by manufacturing, selling, or distributing an infringing product, the design owner or a licensee may file a complaint to the Director General (DG) of DPDT.
The complaint must follow the prescribed form, procedure, and payment of fees.
2️⃣ DG’s Investigation and Decision
Upon receiving the application, the DG will review the complaint.
If satisfied that the violation occurred and damage was caused, the DG may:
- Warn the infringer.
- Order compensation for the design owner or licensee;
- Allow continued use of the design under license if it serves the public interest (e.g., national supply of essential goods).
3️⃣ Payment of Compensation
If the DG issues a compensation order under Sub-section (2), the infringer must pay the amount within 10 working days.
The compensation is to be paid directly to the complainant.
🧾 Appeal Provision under Section 30
If the design owner or licensee is dissatisfied with the Director General's decision under Section 22, they have the right to appeal:
📤 First Appeal:
An appeal may be filed before the Government of Bangladesh within 60 days of the DG’s decision.
📤 Second Appeal:
If unsatisfied with the government’s decision, the aggrieved party may appeal to the High Court Division within another 60 days.
📋 Summary Table
| 🔢 Step | 🔍 Action | 🧑⚖️ Authority | ⏰ Timeline |
|---|---|---|---|
| 1️⃣ | File application for administrative compensation | Owner / Licensee → DG | As per prescribed rules |
| 2️⃣ | DG examines complaint and issues order (warning or compensation) | DG, DPDT | Reasonable time after review |
| 3️⃣ | Compensation to be paid | Infringer to Owner / Licensee | Within 10 working days |
| 4️⃣ | Appeal against DG’s decision (1st Level) | Aggrieved → Government | Within 60 days |
| 5️⃣ | Further appeal if unsatisfied (2nd Level) | Aggrieved → High Court | Within 60 days |
❓ Frequently Asked Questions (FAQ)
Q1: Who can file for administrative compensation?
A: The registered design owner or a valid licensee.
Q2: What happens if someone copies my design without permission?
A: You can approach the DG for compensation under Section 22. The DG may order payment or issue a warning.
Q3: Can the DG allow the use of a design even if it was copied?
A: Yes, under special public interest situations like essential product manufacturing, the DG may allow continued use under license.
Q4: What if the infringer doesn’t pay compensation within 10 days?
A: Legal enforcement actions may be initiated for non-compliance.
Q5: Can I challenge the DG’s decision?
A: Yes, first to the Government within 60 days, and then to the High Court Division if still dissatisfied.
