The short answer
The Bangladesh Industrial Design Act, 2023 gives a design owner two routes: ask the Director General for administrative compensation (Section 22), or sue in court (Section 23). The court can grant an injunction, damages and other relief (Section 23(2)). For knowing infringement the court can order compensation of at least BDT 1 lakh or, considering the loss, up to BDT 10 lakh, plus costs (Section 25). It can also order infringing goods seized or destroyed without compensation (Section 26). Appeal lies to the High Court Division within 60 days (Section 27).
What counts as infringement (Section 21)
A person who is not the owner or a licensee infringes a registered design if they use it in their business in one of these three ways:
| Test | Design used | Goods or services |
|---|---|---|
| (a) | Identical to the registered design | Similar to the goods of the registered design |
| (b) | Similar to the registered design | Identical to the goods or services of the registered design |
| (c) | Identical to the registered design | Identical goods, and the public may be confused or wrongly think the design is connected with the registered one |
"Use" means making an article that incorporates the registered design, offering it for sale, supplying it to the market or selling it, or importing such articles for those purposes (Section 2).
Choose the route
| Route | What you get |
|---|---|
| Director General (Section 22) | Administrative compensation and forfeiture of goods and materials; payment within 10 working days. See administrative relief |
| Court (Sections 23 to 26) | Suit in the court with jurisdiction if the compensation is not paid within the time; injunction, damages and other relief |
What the court can order
| Section | Relief |
|---|---|
| 23 | Injunction, compensation or any other relief |
| 24 | Interim or temporary injunction on the owner's application, following the Code of Civil Procedure. See interim injunctions |
| 25(1) | Compensation or another suitable order if a person does not obey an order under the Act |
| 25(2) | Where the infringer knew, or had reason to know, of the registered design: at least BDT 1 lakh, or considering the loss, up to BDT 10 lakh |
| 25(3) | Costs of the suit |
| 26 | Seizure or destruction of infringing goods, or other disposal of the goods and the raw materials used to make copies, without compensation, considering the scale of infringement and the owner's interest |
| 27 | Appeal to the High Court Division within 60 days of the order |
| 28 | The Code of Civil Procedure applies to the suit |
Compensation for the infringement period counts from the date the registration application was filed with the Director General, or the date the owner gave the alleged infringer notice of the application. It can only be claimed once the design right has been granted (Section 25(4), (5)).
Design infringement questions
What counts as infringement?
Using a registered design in your business when you are not the owner or a licensee, in one of the three ways in Section 21.
How much can the court award?
For knowing infringement, at least BDT 1 lakh or, considering the loss, up to BDT 10 lakh, plus costs (Section 25).
Can I get an interim order?
Yes. The court can grant an interim or temporary injunction (Section 24).
Can the court destroy copied goods?
Yes, seizure, destruction or other disposal of the goods and materials, without compensation (Section 26).
How long do I have to appeal?
60 days to the High Court Division (Section 27).
Is someone copying your design?
SUPREMEiP® prepares notices, administrative complaints and District Court suits for design owners in Bangladesh. Send us images of your product and the registration number.
