Registered design owners in Bangladesh can authorize others to use their design through a licensing arrangement. However, this process must be legally recognized, documented, and recorded to have enforceable legal status.
🔑 Key Provisions of Section 20
✅ (1) Permission Through License Only
No registered industrial design may be used by a third party unless the design owner has granted a license allowing such use.
✅ (2) Written and Executed License Agreement
The license must be:
- In written form
- Signed by or on behalf of both parties
✅ (3) Registration is Mandatory
A license agreement must be formally recorded with the DPDT in the prescribed manner to be considered valid and enforceable.
✅ (4) Application for Registration Must Include:
To record a license, the applicant must submit:
- Proof of the license agreement
- One of the following:
- (A) A certified copy of the license from a government authority (if applicable), or
- (B) A verified statement signed by both licensor and licensee outlining the terms
- (C) A declaration that the license is not exclusive and doesn't restrict third-party usage
- (D) Confirmation that the license does not override essential ownership rights
❌ (5) Restriction on Sublicensing or Assigning
The licensee cannot sublicense or transfer the license to another person unless explicitly authorized.
⚠️ (6) License Without Registration Has No Legal Effect
If the license is not recorded, it has no legal value. Courts and authorities will not recognize such unrecorded licenses.
💸 (7) No Compensation If License Is Invalid
If a design registration is canceled, the licensee cannot claim any loss or refund for their use or investment unless otherwise agreed.
📘 (8) Further Regulations May Apply
The government may prescribe additional rules regarding licensing rights, duration, renewal, and cancellation.
📊 Summary Table
| Clause | Summary |
|---|---|
| (1) | Design use by others requires the owner's license. |
| (2) | License must be in writing and signed by both parties. |
| (3) | Must be registered to have legal effect. |
| (4) | Application must include proof and either (A), (B), (C), or (D). |
| (5) | No sublicensing or reassignment unless allowed. |
| (6) | Unregistered licenses are legally void. |
| (7) | No damages claimable if design is later canceled. |
| (8) | Government may make more rules on licensing. |
Let me know if you'd like this formatted as a client handout, legal explainer, or website FAQ.❓ Frequently Asked Questions (FAQ)
Licensing of Registered Industrial Designs in Bangladesh
1️⃣ Can I allow someone else to use my registered design?
✅ Yes, but only through a written license agreement.
2️⃣ Is it enough to just sign an agreement privately?
❌ No. The license must be registered with the DPDT to be legally effective.
3️⃣ What documents are needed to register a license?
You must submit:
- A copy of the signed license, and
- One of the following:
- ✅ (A) Certified approval from a government authority, or
- ✅ (B) A signed joint declaration by both parties, or
- ✅ (C) Proof that the license is non-exclusive, or
- ✅ (D) Confirmation that the license doesn’t override ownership rights.
4️⃣ Can the licensee transfer or sublicense the design?
🔒 Not unless the original license agreement specifically allows it.
5️⃣ What happens if I don’t register the license?
❗ It has no legal effect. Courts and authorities will not recognize unregistered licenses.
6️⃣ If my design is canceled later, can the licensee claim compensation?
💸 No. The licensee cannot demand financial damages or refund, unless there’s a separate agreement stating otherwise.
7️⃣ Can the government issue more rules about licensing?
📘 Yes. The government may prescribe additional regulations as needed.
