The Bangladesh Industrial Design Act, 2023 introduces a modern and structured legal framework for the protection of industrial designs. Sections 4 and 5 of the Act are critical as they define what is not eligible and what qualifies for design registration in Bangladesh.

Under the Bangladesh Industrial Design Act, 2023, not all designs are eligible for registration. Section 4 clearly states the types of designs that are excluded from protection—even if an application is submitted. The aim is to ensure that only original, visually appealing, and ethically acceptable designs are granted rights.

Which Designs Qualify for Protection in Bangladesh?
The Bangladesh Industrial Design Act, 2023 introduced a comprehensive framework for protecting industrial designs. A key provision of this framework is found in Section 5, which outlines the eligibility criteria for registering a design. This section ensures that only novel, distinctive, and practically usable designs receive protection. Let’s explore
SUPREMEiPSUPREMEiP, Bangladesh

❌ The following types of designs are NOT protectable:

1️⃣ Purely Technical or Functional Designs

Designs that focus only on function—without any decorative or aesthetic aspect—are not eligible.

📌 Example:

  • The inner structure of an engine part that has no visible design.
  • The design of a wrench or gear that is only shaped for functionality.

🛑 Why excluded?
Because industrial design law protects how something looks, not how it works.

2️⃣ Designs Used in a Way That Harms Public Interest

Designs that go against public decency, environmental safety, or social morality will not be accepted.

📌 Example:

  • A design that promotes harmful drug use.
  • A design for a product that pollutes or endangers wildlife.

🛑 Why excluded?
The law prohibits protecting any design that could have negative social or environmental impact.

3️⃣ Unregistered Designs

If you haven’t filed and registered your design with the Department of Patents, Designs and Trademarks (DPDT), it has no legal protection.

📌 Example:

  • A designer uses a unique chair design but never applies for registration.
  • If someone copies it, the original designer cannot sue unless the design was registered.

🛑 Why excluded?
Because only registered designs enjoy exclusive rights under the Act.

4️⃣ Designs That Include National Symbols

You cannot register a design that includes the national flag, coat of arms, or any official state emblem of Bangladesh.

📌 Example:

  • A t-shirt design showing the Bangladesh flag as part of a company logo.
  • A packaging design using the national emblem.

🛑 Why excluded?
To prevent misuse or commercialization of national identity.

✅ Summary:

❌ Not Allowed Design Types⚠️ Reason for Exclusion💡 Example
Purely functional/technical designsNo decorative or aesthetic elementInternal machine parts, gears
Against public policy/moralitySocially offensive or environmentally harmfulCigarette lighter shaped like a weapon
Unregistered designsNo legal right without formal registrationA product sold in market but not registered
Using national symbolsViolates sovereignty and national identityDesign includes national flag or emblem

✅ Section 5: Conditions for Registrable Designs

In contrast, Section 5 of the Act lays down the eligibility criteria that an industrial design must meet to be considered for registration and protection.

Key Requirements for Registrable Designs:

✅ Section 5: Conditions for Registrable Industrial Designs

For a design to be registered under this Act, it must meet the following eligibility criteria:

  1. Novelty (Newness)
    • The design must not be disclosed or used publicly before the filing date (or claimed priority date).
    • Prior public use anywhere in the world can destroy novelty.
  2. Distinctiveness
    • The design must be visually different from known designs in the relevant sector.
  3. Industrial Application
    • The design must be usable in industry or mass production.
  4. Composite Designs Are Allowed
    • Designs may include logos, letters, numbers, or other symbols, if appropriately claimed.
  5. Disclosure by Applicant is Excused
    • If the design was made public by the applicant before filing, it does not affect novelty if disclosed within permitted time.
  6. Visible During Normal Use
    • For multi-part products, protection applies only if the part is normally visible to the user.
    • Parts exposed only during servicing or repair are not protectable.

🧠 Key Takeaways

  • Section 4 sets the boundary—what you cannot protect.
  • Section 5 outlines the standards—what you must meet to protect a design.
  • Together, they guide applicants to ensure only creative, ethical, and truly original designs enter the register.

📌 Final Tip for Applicants:

Before filing an industrial design in Bangladesh, make sure your design:

  • Is aesthetic, not just useful;
  • Has not been disclosed anywhere in the world;
  • Does not involve public symbols or immoral content;
  • Is clearly visible in the final product.

🧾 Summary Table: Sections 4 & 5 Highlights

🔢 Section📝 Topic✅ Key Points
4Designs NOT Eligible for Protection- Purely functional or technical designs
- Immoral or unethical use
- Unregistered designs
- National emblems or flags
5Criteria for Registrable Designs- Must be new, distinctive, and industrially usable
- Composite elements (e.g. logo, text) allowed with disclaimer
- Disclosure exceptions apply if done by the applicant
- Must be visible during normal use

📝 Conclusion

Sections 4 and 5 form the foundation of the registration process under the Bangladesh Industrial Design Act, 2023. They ensure that only genuinely aesthetic and novel designs receive protection, while filtering out non-eligible, functional, or morally questionable designs. Applicants must assess their designs thoroughly in light of these provisions before filing.

📌 Pro Tip: Always conduct a novelty check and seek expert guidance to determine if your design qualifies under these rules before applying.