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 what qualifies a design for registration.
🔍 Key Conditions for Registrable Industrial Designs
1️⃣ Novelty, Distinctiveness & Usability
A design is registrable only if it meets the following three criteria:
- Novelty: The design must be new—not publicly disclosed before the application.
- Distinctiveness: It must visually differ from existing designs.
- Industrial Applicability: It must be capable of being used in industry or commerce.
2️⃣ Composite Designs Are Allowed
Designs that include text, numbers, trademarks, or symbols can be registered, as long as they are supported by a declaration from the applicant explaining their use.
📌 Example: A bottle with a unique shape and printed brand elements may qualify if the shape and decorative elements are aesthetically distinctive.
3️⃣ What Counts as 'New'?
A design will be considered new if:
(a) No Prior Disclosure
It has not been publicly disclosed—by display, sale, advertisement, or publication—anywhere in the world before the application date or the priority date.
📌 Example: If a company unveils a new phone design at a trade show before filing the application, that could destroy its novelty unless within the grace period.
(b) Visible During Normal Use
If the design is a component of a larger product, it must be visible during regular use to be eligible.
📌 Example: A uniquely designed dashboard panel of a car is protectable because users see it. But an internal engine bracket is not.
⚙️ Clarifications:
- “Composite Article” means a product made of multiple detachable parts that together form a complete item.
- “Normal Use” excludes maintenance or repair periods—only the parts seen during standard use are considered.
4️⃣ Disclosure by Applicant or Authorized Party
Even if the applicant or an authorized person disclosed the design before the filing date, the design can still be considered novel—provided such disclosure was not too early and falls under the exceptions (such as within 6 months).
📌 Summary Table: Section 5 Design Registrability
| ✅ Requirement | 📘 Description |
|---|---|
| Novelty | Must not be publicly disclosed before filing or priority date |
| Distinctiveness | Should be visually distinguishable from existing designs |
| Industrial Applicability | Must be suitable for manufacturing and commercial use |
| Composite Designs Allowed | May include logos, text, numbers with declaration |
| Visible During Normal Use | Only visible parts (not during servicing) are protectable |
| Disclosure Exception | Prior disclosure by applicant allowed if within prescribed period |
🛡️ Final Thought:
Section 5 ensures that only truly innovative and visible designs that serve a commercial purpose are granted protection. This encourages genuine creativity and discourages the registration of purely technical or concealed designs.
For any inventor, designer, or business, understanding these rules is essential before applying for design registration in Bangladesh.
