The short answer
A design can be registered in Bangladesh if it is a design as the Act defines it, is new, is distinctive (visibly different) and can be made or used in industry (Section 5(1)). Under Section 2 a design is the aesthetic appearance of an industrially made product: shape, lines, colour, graphical user interface, calligraphy and similar decoration. A design is new only if it was not made public anywhere in the world, by publication, exhibition, trade or use, before the filing or priority date (Section 5(3)). The Act has no general grace period for your own disclosure, so file before launch.
The tests in Sections 2 and 5
| Test | What it means |
|---|---|
| A design | The aesthetic appearance of an industrially made product: shape, lines, colour, graphical user interface, calligraphy and similar features (Section 2) |
| New | Not made public in Bangladesh or anywhere in the world before the filing date, or the priority date, by publication, exhibition, trade or any other use (Section 5(3)(a)) |
| Distinctive | Visibly different from earlier designs (Section 5(1)) |
| Industrial | Can be produced or used in industry (Section 5(1)) |
Parts, composite products and wording
- Part of a composite product: a design on a part of a composite product counts as new only if the part stays visible during normal use. A composite product is one whose parts can be made and sold separately and then combined into a whole. Normal use is use by the consumer, and does not include maintenance, servicing or repair (Section 5(3)(b)).
- Words, letters, trademarks and numbers: a design that includes them can be registered if the applicant files a disclaimer (Section 5(2)).
Example: a distinctive car dashboard panel that the driver sees can qualify. An engine bracket seen only during servicing cannot.
Showing the design before you file
A trade-show reveal, a sale or a social media post before the filing date or priority date can destroy novelty. The only protection in the Act is for disclosure without your consent: if another person or body publishes your design without the applicant's consent before the filing or priority date, that does not stop the design from being new (Section 5(4)).
There is no statutory grace period for disclosure you make yourself. Plan the filing before any public reveal, and claim Paris priority within 6 months of a first filing abroad (Section 8).
Design eligibility questions
Can a logo be part of a design?
Yes, if you file a disclaimer for the words, letters or trademarks (Section 5(2)).
Is an internal part protectable?
Only if the part stays visible during normal use (Section 5(3)(b)).
Does showing my product first matter?
Yes. Disclosure you make before the filing or priority date can destroy novelty. The Act protects only against disclosure without your consent (Section 5(4)).
Does a user interface qualify?
Yes. The definition in Section 2 names the graphical user interface.
What if the design is purely functional?
It is excluded (Section 4).
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.
