The short answer
A registered design gives the owner the right to stop others using it (Section 13). "Use" means making an article that carries the design, offering it for sale, supplying it to the market, selling it, or importing such articles for those purposes (Section 2). Section 14 lists five limits: foreign vehicles in Bangladesh temporarily, private non-commercial acts, education and research, experiments, and copying a part where only technical need decides its shape. The registration lasts 10 years, renewable three times by 5 years (Section 15).
What registration gives you (Section 13)
- The owner can stop anyone else using the registered design.
- Using a registered design on a product counts as use of the design.
- If the design is registered only for an essential, integral part of a product, it is treated as the overall appearance of the product that incorporates it (Section 13, explanation (b)).
- Infringement is judged by the three tests in Section 21: identical design on similar goods, similar design on identical goods, or identical design on identical goods where the public may be confused.
Section 14: when the right does not apply
| Case | Detail |
|---|---|
| Foreign vehicles | Use of a design on a part of an aircraft, land vehicle or vessel that is in Bangladesh only temporarily or by chance, or importing parts and accessories to repair such a vehicle |
| Personal use | Acts done in a personal, non-commercial capacity |
| Education and research | Acts done by educational or research institutions for education or research |
| Experiments | Acts done for experimental purposes about the design |
| Technical function | Reproducing a particular part of a design that is governed only by practical or technical considerations or is needed for a technical purpose |
Term and fees
The registration runs 10 years from the filing date or priority date. It can be renewed every 5 years, at most 3 times, so protection can reach 25 years. A renewal can be filed up to 6 months after expiry with the prescribed extra fee (Section 15). See design renewal.
Design rights questions
Can I stop a similar design, not just an identical one?
Yes, in the cases in Section 21: a similar design on identical goods or services, and an identical design on similar goods.
Does private use infringe?
No. Personal, non-commercial acts are excluded (Section 14(b)).
Does testing a design infringe?
Not if it is done for experimental purposes (Section 14(d)).
What if only a part of my product is registered?
If it is an essential, integral part, it is treated as the overall appearance of the product (Section 13).
How long do my rights last?
10 years from filing, renewable three times by 5 years (Section 15).
Need help with a registered design?
SUPREMEiP® handles design renewals, assignments, licences and cancellations in Bangladesh. Tell us your registration number.
