Under the Bangladesh Industrial Design Act, 2023, the transfer of ownership or assignment of rights in a registered industrial design must follow a regulated legal procedure to be valid and enforceable. Section 19 lays down the process and legal implications of such changes.
🔹 What Is Meant by Ownership Change or Assignment?
Ownership change refers to the transfer of rights from the current registered owner of a design to another person or entity. Assignment also includes partial or full transfer of legal rights through sale, inheritance, or contractual agreements.
📝 Key Provisions of Section 19
✅ (1) Written Application Required
If the ownership of a registered industrial design is transferred or assigned, the new ownership must be formally notified in writing to the Director General of the DPDT. This application must be filed in the prescribed format along with the necessary fee.
✅ (2) Acknowledgement and Record
Once the application is reviewed and approved, the change in ownership will be recorded officially, and the new owner will be recognized as the rightful holder of the design.
❌ (3) Legal Effect Only After Registration
If the application for assignment is not recorded, the new owner will not be considered as having legally enforceable rights over the design. This means third parties and courts will not recognize the new ownership until the record is updated.
📌 (4) Further Provisions
Additional rules about ownership changes and assignments may be prescribed through future regulations or other legal provisions.
📊 Summary Table
| Clause | Summary |
|---|---|
| (1) | Ownership change or assignment must be filed with the Director General in writing with fee. |
| (2) | Once accepted, the change is recorded, and the new owner gains official status. |
| (3) | No rights are legally created unless the assignment is registered. |
| (4) | More rules may be added by future regulation. |
