The Bangladesh Industrial Design Act, 2023, under Section 24, empowers courts to issue temporary or interim injunctions when there is an ongoing dispute involving an industrial design right. This provision plays a crucial role in protecting the rights of the design owner during litigation or objection proceedings.
⚖️ What is a Temporary or Interim Injunction?
A temporary injunction is a court order that temporarily stops someone from continuing an action—like manufacturing or selling products that infringe a registered industrial design—until the case is resolved.
An interim injunction is similar but can also be issued at an early stage to prevent immediate harm.
📌 Legal Provisions under Section 24
🔹 Subsection (1):
If a case is filed relating to the ownership or infringement of a registered industrial design, the Court may issue a temporary or interim injunction.
This aims to prevent the continued exploitation or distribution of the infringing product until the case is decided.
🔹 Subsection (2):
For the injunction to be granted, the applicant must provide sufficient supporting documents. The court may require:
(ক) Proof that the applicant is the lawful design owner or licensee, and the opposing party is using the design unlawfully.
(খ) Evidence that the continued use of the design may cause irreparable harm, financial loss, or market disruption.
(গ) Information regarding the relevant products, pending actions, or potential risk of destruction or misuse of infringing goods.
⚠️ When Can It Be Used?
- During a pending lawsuit involving design rights.
- When there’s a risk of further damage or loss due to unauthorized use.
- If there’s strong prima facie evidence of ownership and infringement.
🧑⚖️ Importance of Interim Injunctions
This provision ensures:
- Immediate protection of IP rights;
- Prevention of market dilution through unlawful replicas;
- Preservation of evidence or assets for a fair trial.
📄 Summary Table
| 🔢 Section | 📝 Legal Action | 👨⚖️ Authority | ⚠️ Purpose |
|---|---|---|---|
| 24(1) | Temporary/interim injunction | Civil Court | To stop ongoing infringement during proceedings |
| 24(2)(ক) | Ownership evidence required | Applicant | Show rightful ownership of the design |
| 24(2)(খ) | Prove irreparable loss | Applicant | Demonstrate urgent need for court protection |
| 24(2)(গ) | Detail infringing goods | Applicant | Provide info on affected products or activities |
❓ Frequently Asked Questions (FAQ)
Q1: Who can request an injunction?
👉 The registered owner or an exclusive licensee of the design.
Q2: Do I need to go to court for this?
👉 Yes, the injunction must be applied for and granted by a competent court.
Q3: What if the infringer violates the injunction?
👉 They may face legal penalties, contempt of court, or other enforcement actions.
Q4: How soon can the court act?
👉 If there is urgency and proof, the court may act immediately to stop further harm.
