The short answer
Under Section 16 of the Bangladesh Industrial Design Act, 2023, any person can apply to cancel a registered design. Within 2 years of the registration date, the application goes to the Director General on the prescribed form with the prescribed fee. After the 2 years, the application is filed in the High Court Division. A cancelled design is treated as void from the date of registration, as if it was never registered.
Grounds for cancellation (Section 16(1))
| Ground | What it means |
|---|---|
| Not a design | It is not a design as defined in Section 2: the aesthetic appearance of an industrially made product |
| Fails the Section 5 tests | It is not new, distinctive, and capable of industrial production or use |
| Excluded | It falls under Section 4: purely technical or practical, against public order, the environment or morality, or made of national symbols |
When and where to apply
| Time since the registration date | Forum |
|---|---|
| Within 2 years (Section 16(2)) | Director General of the DPDT, on the prescribed form and with the fee |
| After 2 years (Section 16(3)) | High Court Division of the Supreme Court |
- A cancelled design is treated as cancelled from the registration date and as never registered (Section 16(4)).
- The Rules set the remaining detail (Section 16(5)).
- A licence under the design ends if the registration is cancelled (Section 20(7)).
- A decision of the Director General can be appealed to the Government within 60 days, then to the High Court Division within 60 days (Section 30).
Design cancellation questions
Who can apply to cancel a design?
Any person (Section 16(1)).
How long do I have to apply to the Director General?
Within 2 years of the registration date (Section 16(2)).
Can I cancel a design after 2 years?
Yes, but you apply to the High Court Division (Section 16(3)).
What happens when a design is cancelled?
It is treated as void from the registration date, as if never registered (Section 16(4)).
Can a design be cancelled for lack of novelty?
Yes. Failing the Section 5 tests is a ground (Section 16(1)).
Need help with a registered design?
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