The short answer
Section 4 of the Industrial Design Act, 2023 excludes four kinds of design: purely technical or functional designs, designs whose use harms public order, morality or the environment, unregistered designs, and designs using national symbols. Check these before you spend on filing.
Four designs the law does not protect
1
Purely functional
Shape dictated only by function, with no aesthetic aspect, such as a gear or an internal engine part. Design law protects look, not operation.
2
Harmful to the public
Designs contrary to decency, morality or environmental safety.
3
Unregistered
Without registration there is no exclusive right. The owner of an unregistered chair design cannot sue a copier under this Act.
4
National symbols
Designs including the national flag, coat of arms or state emblem of Bangladesh.
Before you file
- Make sure the design is decorative, not only useful
- Check it has not been shown or sold anywhere
- Avoid state symbols and offensive content
- Make sure the feature you want to protect is visible in the finished product
If a design is excluded here, another right may still help. A functional invention may suit a utility model, and a logo may be a trademark.
Excluded design questions
Can I protect how a product works with a design?
No. Use a patent or utility model instead.
Can I use the flag in a design?
No. State symbols are excluded.
Is an unregistered design protected?
Not under the Industrial Design Act.
Need to register a design in Bangladesh?
SUPREMEiP® files and enforces industrial designs in Bangladesh for local and foreign owners. Send us images of your product.