How to Register an Industrial Design in Bangladesh?
A complete step-by-step legal guide under the Bangladesh Industrial Design Act, 2023 — covering registration, renewal, rights, and enforcement.
25 Years
Max Protection
4 Steps
Registration Process
30 Days
Opposition Window
6 Months
Priority Period
New Law in Effect: The Bangladesh Industrial Design Act, 2023 (Act No. 22 of 2023) was enacted on 11 July 2023, replacing The Patents and Designs Act, 1911. It introduces a modern, structured framework for the protection of industrial designs under the DPDT, Ministry of Industries, Bangladesh.
What Is an Industrial Design in Bangladesh? — Definition Under the Bangladesh Industrial Design Act, 2023
Under Section 2() of the Bangladesh Industrial Design Act, 2023, an "industrial design" (-) means the aesthetic visual appearance of any industrially produced product — including its shape, lines, colours, graphic user interface, calligraphy, and ornamental features.
In simple terms: if your product looks unique and appealing, and that look can be reproduced industrially, it qualifies as a registrable industrial design in Bangladesh.
NOVELTY — Section 5(1)
Must not have been publicly disclosed — by publication, exhibition, trade, or any other means — anywhere in Bangladesh or the world before the filing or priority date.
DISTINCTIVE — Section 5(1)
Must be visually distinguishable from existing known designs. A mere rearrangement of previously known components does not qualify as a distinctive design.
INDUSTRIALLY APPLICABLE — Section 5(1)
Must be capable of being manufactured or applied to an article through any industrial process. Purely handcrafted one-off items fall outside this criterion.
Not Registrable in Bangladesh — Section 4
❌ Designs dictated purely by technical or functional considerations (§4())
❌ Designs whose commercial use violates public order, environment, or morality (§4())
❌ Unregistered designs — registration is required for protection (§4())
❌ Designs that incorporate national symbols or emblems (§4())
Who Can Apply for Industrial Design Registration in Bangladesh?
Under Section 6, the right to register an industrial design belongs to the proprietor or the designer of that design. The following persons may apply under Section 7:
→The original designer — the creator of the industrial design (§7(2)())
→Assignee — a person who has legally acquired the design rights (§7(2)())
→Legal representative — of a deceased designer (§7(2)())
→Joint designers — any or all jointly, for jointly created designs (§7(2)())
→Company/organisation — the authorised person of a legal entity (§7(2)())
→Foreign applicants — must appoint a local Design Representative (§32)
Employer's Rights (§6(4)): If a design is created by an employee under a contract specifically for design creation, the right to register belongs to the employer — unless the contract expressly provides otherwise. | Paris Convention Priority (§8): Bangladesh is a Paris Convention member. Foreign applicants may claim priority within 6 months of first filing in a Paris Convention country.
How to Register an Industrial Design in Bangladesh — Step by Step Process
STEP 1Application Submission & Filing Date — Section 7
File the application with the Director General, DPDT in the prescribed form, along with the prescribed fee. The date of receipt of a complete application is the official filing date (Section 9) — this date determines priority rights, protection start, and examination timelines.
REQUIRED DOCUMENTS — Section 7()
→Application form (prescribed format)
→Photo-representation of the design (min. 2–4 views: front, top, side, perspective)
→For 2D designs: actual sample of the article instead of photo
→Locarno Classification of the article (international class)
→Statement of justification if applicant is not the designer (§7(1)())
→Priority document (if claiming Paris Convention priority) within prescribed time
→Optional: Statement of Novelty
→Prescribed filing fee
Multiple Designs (§7()): Multiple articles may be included in one application only if the design remains identical across all articles. Otherwise, separate applications are required.
Incomplete Application (§11()): If mandatory elements are missing, DPDT issues a deficiency notice. The applicant must respond within 2 months, extendable by 1 month. Non-response = application deemed withdrawn.
STEP 2Examination Process — Section 11
The Director General (or authorised officer) examines the application in two stages under Section 11:
A. FORMAL EXAMINATION
→All required documents under §7 are present
→Prescribed filing fee has been paid
→Design drawings/photos meet clarity standards
→Applicant details are complete and legible
B. SUBSTANTIVE EXAMINATION — §11()
→Qualifies as a "design" under §2() definition
→Novel, distinctive, and industrially applicable per §5
→Does not fall under excluded categories in §4
→No conflicting prior or pending design exists
Objection Handling (§11()): If any requirement is not met, the DPDT issues a formal notice. The applicant must provide a written explanation within 2 months of the notice date (extendable by 1 month). If no response is submitted, the application is deemed withdrawn.
STEP 3Publication & Opposition — Section 10 ⏱ 30-Day Opposition Window
After the application is accepted, the Director General publishes it in the e-Gazette or DPDT website (§10()). This publication acts as public notice.
Opposition Filing — §10()
→Any person may oppose within 30 days of publication date
→Opposition must be filed in writing with prescribed fee
→Grounds: lack of novelty, prior use, national symbols, §4 exclusions
→Applicant is given opportunity to respond and submit counter-evidence
Outcomes
→No opposition filed: Proceeds automatically to registration after 30 days
→Opposition dismissed: Design proceeds to registration and certificate
→Opposition upheld: Application is refused
STEP 4Certificate of Registration — Section 12
If the Director General is satisfied that all legal conditions are met — examination passed, no opposition or opposition resolved in applicant's favour — the design is registered in the Register of Designs (§17) and a Certificate of Registration is issued to the applicant (§12()).
📜
Letter of Registration
Official certificate issued with design number, date, applicant, and Locarno class
⚖️
Exclusive Rights
Rights enforceable from registration date under §13
📅
10-Year Initial Term
From filing or priority date, renewable up to 25 years total
Refusal (§12()): If not satisfied, the Director General may reject the application with written notice to the applicant. An appeal may be filed before the Government within 60 days of the decision (§30), and further to the High Court Division within 60 days of the appellate order.
Industrial Design Registration Term and Renewal in Bangladesh
PERIOD
REQUIREMENT
STATUS
Initial Term — 10 Years
From the filing date or priority date (§15()). No renewal needed during this period.
✅ Protected
1st Renewal — +5 Years
Apply before expiry with prescribed renewal fee (§15())
Year 11–15
2nd Renewal — +5 Years
Apply before expiry with prescribed renewal fee
Year 16–20
3rd Renewal — +5 Years
Apply before expiry with prescribed renewal fee
Year 21–25
After 25 Years
Maximum term reached — no further renewal available
❌ Expired
Grace Period (§15()): If the renewal application is not filed before the expiry date, a 6-month grace period is allowed with payment of an additional late fee. Failure to renew within this period results in the registration lapsing. Renewal is entered in the Register of Designs per §15().
Rights of a Registered Industrial Design Owner in Bangladesh
Under Section 13, the proprietor of a registered industrial design has the exclusive right to prevent any other person from using that design without authorisation. "Use" includes incorporating the registered design into any article for manufacture, sale, offer for sale, supply, or import (§2()).
Exclusive Use (§13)
Prevent others from making, selling, offering for sale, importing articles incorporating your registered design
License & Assign (§20 & §19)
License the design to third parties via written agreement (§20). Assign or transfer ownership through registered assignment (§19)
Legal Enforcement (§22–26)
File for administrative compensation before the DG (§22), or institute civil proceedings in District Court for injunction, damages, and seizure of infringing goods (§23–26)
LIMITATIONS ON RIGHTS — Section 14
Registration rights do not extend to: (a) designs used on aircraft, vehicles, or vessels that are temporarily or accidentally in Bangladesh; (b) acts carried out for personal and non-commercial purposes; (c) acts carried out for educational or research purposes in educational or research institutions; (d) experimental use of the design; (e) reproduction of specific design features that are purely functional or technical in nature.
Industrial Design Infringement and Legal Remedies in Bangladesh
Under Section 21, a person infringes a registered industrial design if — without being the proprietor or licensee — they use, in the course of business, a design that is:
→Identical to the registered design used on an identical or similar article (§21())
→Similar to the registered design used on an identical article (§21())
→Identical to the registered design used on an identical article and likely to cause public confusion or a false impression of association (§21())
Administrative Route (§22)
→File application with DG DPDT for compensation
→DG hears both parties and issues reasoned order
→Compensation payable within 10 working days (§22())
→Infringing goods may be ordered forfeited to the state
Civil Court Route (§23–26)
→File suit in District Court (Court of District Judge)
→Remedies: injunction, damages (min. Tk. 1 lakh to max. Tk. 10 lakh per §25()), seizure/destruction of infringing goods
→Interim/temporary injunction available (§24)
→Appeal to High Court Division within 60 days (§27)
Key Tips for a Successful Industrial Design Registration in Bangladesh
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TIP
1.
File before any public disclosure — once the design is publicly shown, exhibited, or sold before the filing date, novelty is lost permanently
2.
Secure your filing date early — the filing date is the legal cut-off for evaluating novelty. Filing a Provisional application locks in your date
3.
Prepare high-quality design representations — include at least 2–4 views (front, top, side, perspective) at required DPI and clarity. Poor drawings are a common ground for rejection
4.
Use Paris Convention priority (§8) — if you've filed abroad, claim priority within 6 months to protect your Bangladesh priority date
5.
Foreign applicants must appoint a local representative (§32) — you cannot file directly; a Bangladesh-resident Design Representative is mandatory
6.
Respond promptly to examination notices — you have only 2 months (extendable by 1 month) to reply to DPDT objections; non-response = deemed withdrawn
7.
Monitor your renewal deadlines (§15) — renew every 5 years to maintain protection. A 6-month grace period applies but carries additional fees
8.
Register your assignment or license (§19 & §20) — unregistered transfers and licenses do not create rights against third parties
9.
Distinguish design from trademark and copyright — overlapping IP rights are possible and recommended for maximum protection
10.
Engage an experienced IP law firm — design prosecution requires careful drafting, classification, and DPDT procedure knowledge
How to Register an Industrial Design in Bangladesh as a Foreign Applicant — Section 8 & 32
Foreign nationals and companies can fully protect their industrial designs in Bangladesh. Here is what foreign applicants need to know before filing:
Paris Convention Priority — Section 8
Bangladesh is a Paris Convention member. If you have filed for a design in any Paris Convention country, you may claim that country's filing date as your priority date in Bangladesh — provided you file in Bangladesh within 6 months of the first filing date (Section 8(2)). You must submit a certified copy of the earlier application with an official stamp showing the filing date.
Local Design Representative — Section 32
If your principal place of business or habitual residence is outside Bangladesh, you are required by law to appoint a local Design Representative (Section 32(1)) — a person resident in Bangladesh. This representative handles all DPDT filings and correspondence on your behalf. Domestic applicants may also appoint a representative if they wish (Section 32(2)).
Note on International Treaties: Bangladesh is not currently a member of the Hague System for the International Registration of Industrial Designs. All design applications must therefore be filed directly and nationally with the DPDT. Bangladesh is a member of the Paris Convention and the Locarno Agreement (for classification purposes). Under Section 39, provisions of any international treaty to which Bangladesh accedes on industrial designs will automatically apply.
Frequently Asked Questions — Industrial Design Registration in Bangladesh
Common questions about industrial design registration in Bangladesh — answered by our IP experts at SUPREMEiP.
A trademark protects names, logos, and signs that identify the source of goods or services. An industrial design protects the visual/aesthetic appearance of a product — its shape, lines, colours, and ornamentation. A single product can have both a registered trademark and a registered design. For example, a product's logo = trademark; its unique bottle shape = industrial design.
The total process typically takes 6 months to 1.5 years. Key milestones: Filing (Day 1) → Formal examination → Substantive examination → Publication (DPDT website/e-Gazette) → 30-day opposition window → Certificate of Registration. Timely responses to DPDT notices significantly reduce total time.
Yes, but with a strict condition under Section 7(3): a single application may cover multiple articles only if the design remains identical across all articles. If the designs differ — even slightly — or if the products fall under different Locarno classes, separate applications must be filed for each.
Public disclosure before the filing date (or priority date) destroys novelty and will likely result in refusal under Section 5. However, there is one exception under Section 5(4): if a third party discloses your design without your consent before the filing date, such disclosure will not be counted against the novelty of your design.
Yes. Any foreign individual or company may register an industrial design in Bangladesh. However, under Section 32, foreign applicants whose principal place of business or habitual residence is outside Bangladesh must appoint a local Design Representative (a person resident in Bangladesh) to act on their behalf. Bangladesh is a member of the Paris Convention — foreign applicants can claim priority within 6 months of their first foreign filing.
Yes. Under Section 16, any person may apply to the Director General for cancellation of a registered design within 2 years of the registration date — on grounds that: (a) it does not meet the definition of a design (§2()); (b) it is not novel, distinctive, or industrially applicable (§5); or (c) it falls under an excluded category (§4). After the 2-year period, cancellation applications must be filed before the High Court Division.
Under Section 25(2), for willful infringement, a court may award a minimum of Tk. 1 lakh and a maximum of Tk. 10 lakh in compensation — plus the cost of the case in favour of the proprietor. Additionally, the court may order seizure, destruction, or other disposal of infringing goods and raw materials used to produce them (§26). An administrative route via the Director General (§22) is also available.
The Locarno Classification is an international classification system for industrial designs established under the Locarno Agreement, 1968. Under Section 2() of the Bangladesh Industrial Design Act, 2023, every design application must specify the Locarno class of the article to which the design is applied. Correct classification is essential — wrong classification can cause examination delays and affect the scope of protection.
Under Section 10(3), after publication of an accepted design application on the DPDT website or e-Gazette, any person may file a written opposition within 30 days of the publication date — with prescribed fee. This is distinct from the 2-year post-registration cancellation window. The Director General decides oppositions in the prescribed manner (§10()).
Under Section 20, a license agreement must be (a) in writing, (b) signed by both parties, and (c) formally recorded with the DPDT by filing a certified copy or a certified statement of the license with the prescribed fee. An unrecorded license creates no rights against third parties. If a co-owner is not party to the license, the license cannot be recorded without that co-owner's written signed consent.
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