The Bangladesh Industrial Design Act, 2023 was enacted on 11 July 2023, replacing the design-related provisions under the Patents and Designs Act, 1911, with a modern, standalone legal framework to register, protect, and enforce industrial designs in Bangladesh.

📅 Enacted: 11 July 2023
📜 Replaces: Design provisions of Patents and Designs Act, 1911

🧭 Purpose of the Act

  • Establish standalone legal framework for industrial design protection
  • Encourage innovation and aesthetic development
  • Align with international standards (Paris Convention, Locarno Agreement)
Bangladesh Industrial Design Act, 2023
Bangladesh Industrial Design Act, 2023.pdf
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📌 Key Objectives

  • Provide legal recognition and exclusive rights to industrial designs.
  • Encourage innovation and aesthetic development in industrial products.
  • Align Bangladesh’s design protection system with international treaties like the Paris Convention and Locarno Agreement.

🏢 Administrative Structure

  • Establishes the Department of Patents, Designs and Trademarks (DPDT) as the regulatory body.
  • The Director General leads the department and oversees registration, examination, enforcement, and record-keeping.
  • The Design Unit is a distinct wing under DPDT for handling design applications.

🖼️ Definition of Industrial Design

An industrial design refers to the aesthetic or ornamental features (shape, pattern, line, color, GUI, etc.) of a product that are visible and appealing to the eye.

  • External, visible features of a product include:Shape, pattern, linesColor, graphics, texturesGraphical user interfaces (GUIs)Stylized fonts

🖼️ What Is Protected?

A "design" means:

  • The aesthetic or visual aspects of a product (not technical functions).
  • Can include shape, pattern, lines, color, graphics, user interfaces, and even typography.

🚫 What Is Not Protected?

  • Purely functional features.
  • Designs that offend public order, morality, or national symbols.
  • Previously disclosed designs (unless under permitted exceptions).
  • Designs already registered or in use elsewhere.

✅ Registrability Criteria

A design must be:

  • New (Novel)
  • Distinctive (Non-obvious)
  • Capable of industrial application

Designs contrary to public order, morality, or that are purely functional or contain national emblems are not registrable.

📝 Application & Registration Process

  1. Filing of application with form, fees, and representation/sample.
  2. Publication in the official e-Gazette or DPDT website.
  3. Opposition period: 30 days from publication.
  4. Examination by the DPDT.
  5. Issuance of Registration Certificate if no valid objection or rejection.

📆 Duration & Renewal

  • Initial term: 10 years from the filing or priority date.
  • Renewable up to three times for 5 years each, totaling 25 years maximum.
  • A 6-month grace period is allowed for late renewal with extra fee.

🔁 Assignment & Licensing

  • Ownership of a registered design can be transferred or licensed via written agreements.
  • Such agreements must be recorded with the DPDT to be enforceable against third parties.

🚫 Infringement & Enforcement

  • Unauthorized use of a registered design constitutes infringement.
  • Administrative remedy: Application to the DG for compensation.
  • Judicial remedy: Civil suits for injunction, damages, and seizure or destruction of infringing goods.
  • Interim or permanent injunctions can be granted to prevent further harm.

⚖️ Appeals & Corrections

  • Appeals against decisions of the Director General may be filed to:
    • The Government (administrative appeal), and
    • High Court Division (judicial appeal) within 60 days.
  • DG may correct clerical errors and publish updates as required.

🌐 International Treaties

  • Incorporates obligations under international agreements like:
    • Paris Convention
    • Locarno Classification
    • Other treaties to which Bangladesh becomes a party.

🔚 Repeal & Transition

  • Repeals design-related provisions of the Patents and Designs Act, 1911.
  • Existing rights, applications, or legal actions under the old law continue under this Act unless inconsistent.

🧾 Summary Table

🔢 Section 📌 Key Topic 📄 Summary
1 Short Title & Commencement Titled Bangladesh Industrial Design Act, 2023; came into force on 11 July 2023.
2 Definitions Defines key terms like design, novelty, applicant, department, GUI, licensing, etc.
3 Establishment of DPDT Establishes the Department of Patents, Designs and Trademarks (DPDT) as authority.
4 Designs Not Protected Purely functional, immoral, environmentally harmful, or unregistered designs are excluded.
5 Registrable Designs Design must be new, distinctive, and industrially applicable.
6–7 Ownership & Application Right lies with creator or legal assignee; form, fees, and details required.
8 Priority Claims Priority from Paris Convention country is allowed (6 months grace).
10 Publication & Opposition Applications are published; opposition period is 30 days.
11 Examination DPDT examines for compliance with novelty, distinctiveness, registrability.
12 Registration Certificate Issued upon acceptance and no valid opposition; recorded in Design Register.
13 Rights of Registered Owner Exclusive right to prevent others from using the design.
14 Limitations of Rights Exceptions include personal use, research, transport parts, and temporary imports.
15 Term & Renewal 10 years from filing/priority; renewable 3 times × 5 years = 25 years max.
16 Cancellation Within 2 years from grant, based on invalidity or lack of novelty.
17–18 Design Register Publicly accessible; certified extracts act as legal proof.
19–20 Assignment & Licensing Allowed by written agreement; must be recorded with DPDT to be valid against third parties.
21 Infringement Definition Unauthorized use of substantially similar design in course of trade.
22 Administrative Remedies DG may order compensation and seizure upon complaint.
23–26 Judicial Enforcement Civil suits for injunction, damages, destruction of infringing goods, etc.
27 Appeals Decisions of DG appealable to Government and then High Court within 60 days.
29 Correction of Errors DG can correct clerical or official errors.
32 Local Representative Required for foreign applicants; must appoint a local design agent.
33 Design Search Search service available upon application with fee.
40 Repeal of Old Law Repeals design-related parts of Patents and Designs Act, 1911.