The short answer
A foreign applicant can claim Paris Convention priority for a design in Bangladesh if the first application was filed in a Paris Convention country within 6 months (Section 8). The applicant files a copy of the earlier application certified by that country's office, showing its filing date, within the prescribed time. The Director General can ask for a Bangla or English translation. Without a properly certified copy, the priority claim is not considered. An applicant whose usual residence or main place of business is outside Bangladesh must appoint a design representative who lives in Bangladesh (Section 32).
Claiming priority (Section 8)
File abroad first
- The earlier application must be for the same design in a Paris Convention country.
File in Bangladesh within 6 months
- The 6 months are counted under Article 4 of the Paris Convention. The priority date is the date of the earlier application (Sections 2 and 8(2)).
Declare and prove
- Include a priority declaration, and file within the prescribed time a copy of the earlier application certified by the foreign office, with its filing date. A translation into Bangla or English can be required.
- A Bangladesh application filed inside the 6 months is not defeated by anything that happens in between, and no third-party right arises from another filing, disclosure or use in that time (Section 8(3)).
- If you cannot prove the claim with a proper certificate, the priority claim will not be considered (Section 8(4)).
Local design representative (Section 32)
- If your usual residence or main place of business is outside Bangladesh, you must appoint a person living in Bangladesh as your design representative.
- An applicant who lives in Bangladesh can also appoint a representative if needed.
- Qualifications, registration and conditions are set by the Rules.
See also the power of attorney rules for filings in Bangladesh.
Foreign design applicant questions
How long is the priority period for designs?
6 months from the earlier application (Section 8(2)).
What must I file to prove priority?
A copy of the first application certified by the foreign office, showing its filing date (Section 8(4)).
Must a foreign applicant have a local agent?
Yes. Someone living in Bangladesh must be appointed as design representative (Section 32).
Can the Director General ask for a translation?
Yes, in Bangla or English (Section 8(4)).
What happens if I cannot prove priority?
The claim is not considered (Section 8(4)).
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