The short answer
Under Section 22 of the Bangladesh Industrial Design Act, 2023, a design owner can apply to the Director General of the DPDT for administrative compensation against an infringer, without going to court first. The Director General examines the application, gives the infringer a reasonable hearing, and if satisfied there is infringement can order compensation based on the design infringed and the loss caused. They can also order the infringing goods, and the materials and components used to make them, forfeited to the State. The infringer must pay within 10 working days. If they do not, the owner can sue in court under Section 23.
How the administrative route works
File the application
- The registered owner applies to the Director General on the prescribed form, with the prescribed fee (Section 22(1)).
Scrutiny and hearing
- The Director General examines the application and gives the alleged infringer a reasonable chance to be heard (Section 22(2)).
Order
- If satisfied that the design was infringed, the Director General can order administrative compensation, considering the design infringed and the amount of harm. Where appropriate they can also order the infringing goods, and the materials and components used to make them, forfeited to the State (Section 22(2)).
Payment
- The infringer pays within 10 working days of the order, and the money goes to the injured person (Section 22(3)).
Administrative route and court compared
| Director General (Section 22) | District Court (Sections 23 to 26) | |
|---|---|---|
| Who can apply | The owner of the registered design | The owner |
| Relief | Administrative compensation and forfeiture of goods and materials | Injunction, damages, seizure or destruction of goods and other relief |
| Hearing | Reasonable hearing for the infringer | Civil procedure applies (Section 28) |
| If not paid | The owner can sue after the 10 working days pass (Section 23(1)) | Appeal to the High Court Division within 60 days (Section 27) |
Appeals from the Director General: to the Government within 60 days of the decision, then to the High Court Division within 60 days of that appeal decision (Section 30).
What to prepare
- The registration certificate and the register entry for the design (certified copies are prima facie evidence under Section 18).
- Images of the infringing product, and proof of when and where it was sold.
- Proof of the loss you claim, so the Director General can fix compensation.
- Check that the design is registered. An unregistered design gets no protection under this Act (Section 4).
Administrative relief questions
Who can apply to the Director General?
The owner of the registered design (Section 22(1)).
What can the Director General order?
Administrative compensation and, where appropriate, forfeiture of the infringing goods and the materials used to make them (Section 22(2)).
How long does the infringer have to pay?
10 working days from the order (Section 22(3)).
What if the infringer does not pay?
The owner can sue in the court with jurisdiction (Section 23).
Can I appeal the Director General's decision?
Yes, to the Government within 60 days, and then to the High Court Division within 60 days (Section 30).
Is someone copying your design?
SUPREMEiP® prepares notices, administrative complaints and District Court suits for design owners in Bangladesh. Send us images of your product and the registration number.
