The Design Registration in Bangladesh

  • Under the Patents and Designs Act. 1911, the protection of an industrial design shall apply to a new design and not any scandalous design on any design contrary to morality or public order or which is likely to offend the religious or racial susceptibilities of any community.
  • A design is defined as any composition or lines or colours or any three dimensional form, whether or not associate with lines or colours, that gives a special appearance to a products of industry of handicraft and escapable of serving as a pattern for a products of industries or handicraft.
  • The right to protection of an Industrial design belongs to its owner. In the absence of any provision to the contrary or any contact of employment, the ownership of an industrial design created in the performance of such contact shall be deemed to accrue to the employer. After an application for registration has been made in the prescribed manner, if the registrar thinks deemed fit that the proposed design is new and original one, the registrar granted and accept the design or if the registrar is not satisfied then he may refuse application for registration of design the aggrieved person after receiving the notice of refusal of his application then he may prefers an appeal to the Govt. within stipulated time.
  • After acceptance and registration of the design it remains valid for a period of Five (5) years and may be renewed for two successive periods of five years each. The scope of protection for registered Industrial Designs is set out in section 53 of the Patents and Designs Atc1911, which provides that he registered owner of an industrial design shall have the following exclusive rights in relation to the industrial design and no person shall do any of the following without the consent of the registered owner of the industrial design.
  • During the existence of copyright in any design it shall not be lawful for any person- (a) for the purpose of sale to apply or cause to be applied to any article in any class of goods in which the design is registered the design or any fraudulent or obvious imitation thereof, except with the license or written consent of the registered proprietor, or to do anything with a view to enable the design to be so applied; or, (b) to import for the purposes of sale, without the consent of the registered proprietor, any article belonging the class in which the design has been registered, and having applied to it the design or any fraudulent or obvious imitation thereof; or (c) knowing that the design or any fraudulent or obvious imitation there of has been applied to any article in any class of goods in which the design is registered without the consent of the registered proprietor, to publish or expose or cause to be published or exposed for sale that article.
  • If any person acts in contravention of this section , he shall be liable for every contravention- (a) to pay to the registered proprietor of the design a sum not exceeding five hundred (taka) recoverable as a contract debt, or (b) if the proprietor elects to bring a suit for the recovery of , damages for any such contravention, and for an injunction against the repetition thereof, to pay such damages as may be awarded and to be restrained by injunction accordingly; Provided that the total sum recoverable in respect of any one design under clause (a) shall not exceed one thousand (taka).
  • When the court makes a decree in a suit under sub-sector (2), it shall send a copy of the decree to the Registrar, who shall cause an entry thereof to be made in the register of designs.
  • Under section 51-A of the Patent Act, 1911, any person interested may a present a petition for the cancellation of the registration of 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; or
  • 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.
  • The time taken by the Patent office to register an industrial design is much quicker than that of a trademark and unless there are objections the certificate of registration is usually given within two years of the application.

Call: (0088) 01714 065 656 or e-mail: info@munshiandassociates.com

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