Industrial design registration in Bangladesh is governed by laws that seek to protect the aesthetic and visual aspects of products. Designs that are novel, distinctive, and capable of being produced or used in industry are eligible for registration. The registration of industrial designs not only protects the creator's intellectual property rights but also enhances the commercial value of the products by preventing unauthorized copying.
An industrial design must be new. It is considered new if it has not been disclosed to the public anywhere in the world before the filing date or, if applicable, the application's priority date.
The design must be distinctive, meaning it should stand out and not be similar to any existing design.
The design must be capable of being produced or used in an industry.
Designs that include words, letters, trademarks, or numbers can also be registered, provided the applicant submits a disclaimer for such elements.
Certain designs are not eligible for registration, including:
The right to register an industrial design belongs to the owner or designer. The co-creators are entitled to joint registration if a design is created jointly. Registration rights can be assigned or transferred through inheritance.
Application Date: The date of applying is considered the filing date.
Required Documents: The applicant must submit a prescribed form, a representation or sample of the design, a statement justifying the applicant's entitlement (if not the designer), and any other required documents.
Separate Applications: Each design requires a separate application, mentioning the international classification of the design-related products.
Priority Claim: Under the Paris Convention, an applicant or owner who has previously filed for the same design in another member country can claim priority for the Bangladesh application. The priority period is six months from the date of the first filing.
Publication of Application: Once the application is accepted, it is published in the e-Gazette or on the department's website. It is open for public opposition for 30 days from the publication date.
Examination: The application is examined to ensure compliance with legal requirements and to confirm the design's novelty, distinctiveness, and industrial applicability. If discrepancies are found, the applicant is notified and must respond within two months, which is extendable by one month.
Grant of Registration: If the application meets all requirements and no opposition is sustained, the design is registered, and a certificate is issued. If the application is rejected, the applicant is notified in writing.
The initial registration term is ten years from the filing or priority date. The registration can be renewed for up to three additional five-year terms. A grace period of six months is provided for late renewal with an additional fee.
A registered industrial design owner has the exclusive right to prevent others from using the design without permission. This includes the right to prohibit the incorporation of the design into products.
Registering your industrial design in Bangladesh offers numerous benefits:
While industrial design registration in Bangladesh is beneficial, there are some challenges to consider:
Industrial design registration in Bangladesh is a valuable tool for protecting your creative innovations and gaining a competitive advantage in the market. By understanding the process, requirements, and benefits of registration, you can make informed decisions about protecting your designs and maximizing their commercial potential.
Remember, while the registration process may seem complex, the long-term benefits of protecting your industrial designs far outweigh the initial effort and investment. Whether you're an individual inventor or a business looking to safeguard your product designs, industrial design registration is a crucial step in your intellectual property strategy.
This article was written by J.A. Chaudhury Reagan, Advocate, Supreme Court of Bangladesh. All rights reserved.
