The short answer
The Bangladesh Industrial Design Act, 2023 (Act 22 of 2023) took effect immediately on 11 July 2023 and repealed the Patents and Designs Act, 1911 (Sections 1 and 40). Acts done, orders made and licences granted under the old law continue unless they conflict with the new Act, and pending applications and proceedings continue under the new Act (Section 40(3)). The DPDT carries on as the same office, headed by a Director General, with four units: Design, Trademarks, Geographical Indication and Patent (Section 3). If the Bangla and English texts differ, the Bangla text prevails (Section 41).
What the Act repealed and kept
- The Patents and Designs Act, 1911 is repealed (Section 40(1)).
- The old Department of Patents, Designs and Trade Marks is dissolved and its cases pass to the DPDT. Its staff move to the DPDT on the same terms (Section 40(2)).
- Actions, rules, notices, orders and licences made under the old Act stay in force until they expire or are changed, if they do not conflict with the new Act (Section 40(3)(a)).
- Pending applications and proceedings continue and are decided under the new Act (Section 40(3)(b)).
The DPDT (Section 3)
| Unit | Role |
|---|---|
| Design Unit | Industrial designs |
| Trademarks Unit | Trademarks |
| Geographical Indication Unit | Geographical indications |
| Patent Unit | Patents |
The Director General is the chief executive and is appointed by the Government. Registrar, Deputy Registrar, Assistant Registrar and Examiner posts became Director General, Director, Deputy Director and Assistant Director. The head office is in Dhaka, and the Government can open regional offices (Section 3). The Act also replaced "Registrar of Trademarks" with "Director General" in the Trademarks Act, 2009 (Section 36). Related reading: the Design Act overview.
Other provisions worth knowing
- International design treaties that Bangladesh joins apply as part of this Act where relevant (Section 39).
- The Government can publish an authoritative English text. If it differs from the Bangla, the Bangla text applies (Section 41).
- Offences under the Act are tried by mobile court once listed in the Mobile Court Act, 2009 schedule (Section 35).
Design Act transition questions
When did the Design Act 2023 take effect?
Immediately on enactment, 11 July 2023 (Section 1).
Are old design registrations still valid?
Actions and registrations made under the old law continue unless they conflict with the new Act (Section 40(3)).
What happened to applications pending in 2023?
They continue and are decided under the new Act (Section 40(3)(b)).
Which office handles designs?
The Design Unit of the DPDT (Section 3).
Which text prevails?
The Bangla text (Section 41).
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