Rights & Limitations of Registered Industrial Designs in Bangladesh

The Bangladesh Industrial Design Act, 2023 clearly defines the scope of rights acquired through registration and outlines the situations where such protection does not apply.

✅ Rights Acquired Through Registration (Section 13)

According to Section 13 of the Act:

Any person who registers an industrial design shall hold exclusive rights to prevent others from using that registered design without permission.

Explanation:

This provision is designed to ensure the owner’s monopoly over the commercial use of the registered design. Specifically:

• (A) If a design has been registered, the use of any identical or substantially similar design by another person will be considered unauthorized and infringing.
• (B) If a design is registered only for a part or a portion of a product, the overall visual impression of the infringing design will be assessed, including the context in which the part is used.

This grants the owner exclusive rights to the aesthetic and ornamental elements of the registered design.

⚠️ Limitations of Design Rights (Section 14)

Section 14 sets out situations where protection does not apply, even if a design is registered. These exceptions aim to balance public interest, education, and technical advancement:

Design rights shall not be enforced in the following cases:

• (A) Use of the design on a foreign vehicle, aircraft, or vessel that temporarily or accidentally enters Bangladesh’s territorial limits.
• (B) Use of the design for personal or non-commercial purposes, including private use that does not involve profit.
• (C) Use for educational or research purposes carried out by academic or research institutions.
• (D) Use for experimental purposes, including testing or analysis.
• (E) Reproduction of any part of a product for replacement or repair, provided such use is dictated solely by functional or technical needs.

📝 Summary