Under Section 16 of the Bangladesh Industrial Design Act, 2023, any person may apply for cancellation of a registered industrial design under certain legal grounds. This provision ensures that only valid, novel, and lawful designs retain protection.
🛑 Grounds for Cancellation:
A design registration may be cancelled on any of the following grounds:
- Not Considered a Design (Section 2 & 5):
The registered design does not fall within the legal definition of a design or lacks originality or independent creation. - Previously Disclosed (Section 4):
The design was already available to the public before the filing date and hence, not novel. - Not Eligible for Registration (Section 4):
The design is excluded by law, such as:- Functional or technical features only,
- Offends public morality,
- Includes national symbols (e.g., flag, emblem).
🗓️ When Can Cancellation Be Requested?
- Any person may apply to cancel a design within 2 years from the date of registration.
- Applications must be filed with the Director General (Registrar) using the prescribed procedure and fee.
🏛️ Where to Apply?
- Registrar (Director General) – under normal procedure.
- High Court Division of the Supreme Court of Bangladesh – if the cancellation request exceeds 2 years from the registration date or under specific legal grounds.
⚖️ Other Key Notes:
- The Registrar must record the cancellation in writing if satisfied with the grounds.
- If the cancellation request is approved, the design is officially removed from the register.
- Any matter related to cancellation that is not covered in this section will follow other applicable provisions of the Act.
📋 Summary Table: Cancellation of Industrial Design Registration
| 🔢 Topic | 📝 Details |
|---|---|
| Legal Provision | Section 16 of Bangladesh Industrial Design Act, 2023 |
| Who Can Apply | Any person (individual or legal entity) |
| Grounds for Cancellation | 1. Not a registrable design (Sections 2 & 5) 2. Not novel (Section 4) 3. Ineligible under exclusion criteria (Section 4) |
| Time Limit to Apply | Within 2 years from the date of registration |
| Where to File | 1. Director General (Registrar) 2. High Court (if after 2 years or under complex grounds) |
| Procedure | Must follow prescribed form, procedure, and fee |
| Decision & Record | Registrar must issue written decision; if cancelled, entry is removed from the Register |
| Legal Effect of Cancellation | Registration becomes void; no rights can be claimed under the cancelled design |
| Other Legal Provisions Apply? | Yes — other relevant sections of the Act may apply where Section 16 is silent |
