The short answer
The right to register a design belongs to the owner of the design or its designer (Section 6(1)). If two or more people create it together, they are joint owners of the right (Section 6(2)). The right can be assigned and passed by inheritance (Section 6(3)). If a person was hired under a contract to create designs, the right belongs to the employer unless the contract clearly says otherwise (Section 6(4)). If the applicant is not the designer, the application must include a statement explaining why the applicant is entitled to register (Section 7(1)(b)).
Who has the right to register
| Situation | Rule |
|---|---|
| Designer creates the design | The right belongs to the designer or the owner of the design (Section 6(1)) |
| Two or more designers | They share the right to register jointly (Section 6(2)) |
| Employee or commissioned designer | If hired under a contract to create one or more designs, the right belongs to the employer, unless the contract clearly says something else (Section 6(4)) |
| Sale or inheritance | The right to register can be assigned, and passed to heirs (Section 6(3)) |
What this means when you file
- If the applicant is not the designer, file a statement of why the applicant is entitled to register the design, such as an assignment or an employment contract (Section 7(1)(b)).
- A person who says they are a joint designer can ask the Director General to add them as joint designer or co-owner, in the prescribed way (Section 7(4)).
- Put the employer's rights and design ownership in the contract before the work starts. Without a clear clause, the Act decides.
- After registration, record any assignment with the DPDT: until it is recorded, it creates no right against third parties (Section 19). See design assignment.
Design ownership questions
Who owns a design made by an employee?
If they were hired to create designs, the employer, unless the contract clearly says otherwise (Section 6(4)).
Can two people own one design?
Yes. Joint designers share the right to register (Section 6(2)).
Can I register a design I bought from the designer?
Yes, the right can be assigned. Explain your entitlement in the application (Section 7(1)(b)).
Can a joint designer be added later?
They can apply to the Director General to be added (Section 7(4)).
Does an assignment need recording?
Yes, for it to create rights against third parties (Section 19).
Need to register or defend a design in Bangladesh?
SUPREMEiP® files and enforces industrial designs in Bangladesh for local and foreign owners. Send us images of your product.
