01786434121

Call Us For Free Consultation

Facebook

Menu

Industrial Design

Legal Solution BD > Industrial Design

Industrial Design registration & protection in Bangladesh

 

Any person whether national or foreigner claiming to be the proprietor of a new or an original industrial design may apply to the Registrar of the Department of Patent, design, and Trademarks for the registration of the design in Bangladesh with the following documents. In the case of the foreign application, the application will be submitted through a local agent/Lawyer.

There is a provision for priority application in Bangladesh. In this respect the applicant for registration of an industrial design who desires to avail himself of the priority of an earlier application filed in a convention country shall, within six months of the date of such earlier application, append to his application a written declaration indicating the date and number of the earlier application, the name of the applicant and the country in which he or his predecessor in title filed such application and shall, within a period of three months from the date of the later application filed in Bangladesh, furnish a copy of the earlier application certified as correct by the appropriate authority of the country where such application was filed earlier.

Industrial Design
Industrial Design 2

What is industrial design?

In a legal sense, an industrial design constitutes the ornamental or aesthetic aspect of an article or product. An industrial design may consist of three-dimensional features, such as the shape of an article, or two-dimensional features, such as patterns, lines or colour.In principle, the owner of a registered industrial design or of a design patent has the right to prevent third parties from making, selling or importing articles or product bearing or embodying a design, which is a copy, or substantially a copy, of the protected design, when such acts are undertaken for commercial purposes.

Registration Procedure of an Industrial Design in Bangladesh

(A) Application:

An application for the registration of industrial design should be made in the prescribed form either 15 or 16 or 17. If the design is to be applied to any single article, the application should be made on form-15, but if it is intended to be applied to a number of articles of the same general character, comprising a set, it should be made on form-17, if it is intended to claim priority the application should be made on form-16. If the applicant claims the right of priority of an earlier application filed in another country which is a party to Paris convention he/she is required to file his/her application within a period of six months from the date of the first application and to append to his application a written declaration to the effect that the claim of priority, indicating certain details regarding the earlier application, and to furnish a certified copy of the earlier application.

(B) Representation:

Application on the prescribed form shall be accompanied by exactly similar four copies of representation of the article clearly showing the features of the design by different views and stating names of the views. The representation may contain drawing or photographs or specimens of the design where applicable.

(C) Power of Attorney:

If the applicant does not want to file his/her application in a person, then he/she will have to submit Power of Attorney.

(D)Requisite fee:

The fee payable for any class is shown in the fee schedule. The fee may be paid by way of pay order/cheque in favour of Registrar, DPDT.

(E) Statement of Novelty:

The applicant should endorse the application and each of the representations a brief statement of the novelty for which he/she seeks protection. This may be done when he/she files the application or at any time before registration is finally effectuated.

(F) Endorsement of disclaimers:

Statement of the novelty will contain a disclaimer to the effect that no right is claimed over the use of Trademarks, any mechanism, letters, words, numbers etc.

(G) Duration of Registration of Design:

The registration of the industrial design is valid for 5 years from the date of application. The period may be extended by two further periods each of 5 years on the application before the expiry of the copyright.

(H) Classification of Goods:

For purpose of registration of industrial design, goods to which the design is to be applied are divided into fourteen class.

Calming of Priority

There is a provision for priority application in Bangladesh. In this respect the applicant for registration of an industrial design who desires to avail himself of the priority of an earlier application filed in a convention country shall, within six months of the date of such earlier application, append to his application a written declaration indicating the date and number of the earlier application, the name of the applicant and the country in which he or his predecessor in title filed such application and shall, within a period of three months from the date of the later application filed in Bangladesh, furnish a copy of the earlier application certified as correct by the appropriate authority of the country where such application was filed earlier.

Cancellation

Under section 51-A of the Patent Act, 1911, any person interested may a present a petition for the cancellation of the registration of a design-
(i) At any time after the registration of the design to the High Court Division on any of the following grounds, namely
(ii) That the design has been previously registered in Bangladesh or
(iii) That it has been published in Bangladesh prior to the date of registration or
(iv) That the design is not a new or original design;

Filing requirements

To file an application for registration of design we need the followings:

(a) Name and address of the applicant
(b) Two sets of specifications of design,
(c) Four sets (each side) of pictures of the product
(e) Power of Attorney `{`From – 31`}`

 

 

Term of Registration

Initial Term of Registration of Design is 5 years and which is renewable next two terms of each 5 years. There is no option to file a late renewal application like a trademark, so the renewal application should be filed before the expiry date.