Legal Remedies for Design Infringement in Bangladesh

The Bangladesh Industrial Design Act, 2023 provides a legal framework for the protection and enforcement of rights related to registered industrial designs. Sections 21 to 28 focus on how violations are addressed, the remedies available, and the legal process to secure justice for design owners.

🔹 Section 21: What Constitutes a Design Infringement?

Any person who uses a registered design without being the owner or a licensed user is guilty of design infringement, even if the act was unintentional or limited to private business. The law assumes infringement if:

• (ক) The design is identical or substantially similar to the registered design and used on similar goods.
• (খ) The design is visually misleading or deceptive, making the public confuse it with the original.
• (গ) The copied design causes public confusion or misunderstanding, affecting the original owner’s market or reputation.

📌 This ensures broad protection of design rights and discourages even indirect imitation.

🔹 Section 22: Administrative Compensation for Design Infringement

Step-by-step process for administrative action:

1. A registered design owner may apply to the Director General (DG) for administrative remedies if their design has been violated.
2. The DG will:
   • Review the complaint and verify whether a registered design exists and has been infringed.
   • Allow the accused a chance to be heard.
   • Consider the nature of damage and whether the infringer acted knowingly or unknowingly.

Outcomes:

• If the infringement is unintentional or innocent, the DG may:
  • Exempt the person from liability.
  • Allow production/export of the product under certain conditions.
• If the infringement is willful, the DG may:
  • Order compensation.
  • Restrict the production or sale of the infringing goods.

⏳ If compensation is not paid within 10 days of the order, the design owner may file a court case under Section 23.

🔹 Section 23: Filing a Court Case for Design Infringement

If the infringer fails to pay compensation ordered by the DG under Section 22(3), the registered design owner may:

• File a suit in the District Court against the infringer.
• The court can issue:
  • (ক) An injunction to stop further infringement;
  • (খ) An order for compensation;
  • (গ) Any other legal relief, including seizure or destruction of infringing goods.

🔹 Section 24: Temporary and Permanent Injunctions

Court may issue:

• Temporary (Interim) Injunctions: To immediately prevent the infringer from further use or distribution of the infringing design while the case is ongoing.
• Permanent Injunctions: After the case is decided, to permanently restrain the infringer.

Requirements:

• The design owner must submit:
  • Proof of ownership.
  • Evidence that the infringing product exists or is being marketed.
  • Justification that not granting injunction may cause irreparable harm or public confusion.

🔹 Section 25: Court-Ordered Compensation

If a person:

• Deliberately or negligently infringes a registered design,
• And the violation causes measurable damage,

The court may order compensation up to ৳10,00,000 (1 million BDT).

Factors considered:

• Nature and extent of damage;
• Date of DG’s original notice;
• Date of formal objection by the owner;
• If the design has since been removed or cancelled, the damages can still apply if the violation occurred before cancellation.

🔹 Section 26: Other Remedies (Beyond Compensation)

The court may also:

• Order confiscation or seizure of infringing goods;
• Permit destruction of counterfeit products;
• Direct that any product or accessory containing the copied design be banned or destroyed;
• Ensure that no reused component is marketed again under the copied design.

🧯 These are additional protections to ensure design theft is not rewarded.

🔹 Section 27: Right to Appeal

Any person dissatisfied with a court order under this Act (Sections 21–26) may:

• File an appeal with the High Court Division of the Supreme Court.
• Must be done within 60 days of the order being issued.

🔹 Section 28: Application of Civil Procedure Code

All proceedings under the Industrial Design Act will follow the Code of Civil Procedure (CPC) unless otherwise specified. This includes:

• Filing procedures;
• Court hearings;
• Enforcement of judgments.

✅ Conclusion

Sections 21 to 28 of the Bangladesh Industrial Design Act, 2023 create a robust legal structure for handling infringements and protecting the rights of registered design owners. It balances protection and fairness by:

• Providing quick administrative relief;
• Allowing court-based enforcement;
• Ensuring strong compensation and remedies;
• Enabling appeals and procedural fairness.

This comprehensive enforcement mechanism sends a clear message that unauthorized use of registered designs is a serious offense in Bangladesh.

🗂️ Industrial Design Enforcement — Summary Table