An industrial design, in a legal sense, represents the decorative or aesthetically pleasing component of a work of art or product. An industrial design may include two-dimensional elements like patterns, lines, or colours, as well as three-dimensional elements like the geometry of an object. In general, the owner of a registered industrial design or a design patent has the right to stop others from producing, marketing, or importing goods that bear or incorporate designs that are copies or substantial copies of the protected design when such actions are carried out for profit.
For any product, industrial design registrations are valid for five (5) years from the application date. They are renewable for two (2) further consecutive five-year periods upon payment of the required fee. The Priority Date in a priority application is the Effective Date of Industrial Design Registration.
WHAT IS THE PROCEDURE OF FILING INDUSTRIAL DESIGN IN BANGLADESH?
Step 1: Design Application in Bangladesh
Anyone, domestic or foreign, claiming to be the owner of a novel or unique industrial design may submit the necessary paperwork to the Registrar of the Department of Patent, Design, and Trademarks in order to get the design registered in Bangladesh. A local agent or lawyer will submit the application in the case of the overseas application.
The applicant who wishes to take advantage of the priority of an earlier application filed in a convention country must attach a written declaration stating the date and number of the earlier application, the applicant’s name, and the country in which he or his predecessor in title filed such application to his application within six months of the earlier application’s filing date and within three months of the later application’s filing date.
Step 2: Examination
According to the law, a design application’s examination is automatically conducted without a formal request being made for those applications that have already been submitted and are subject to formality examination.
The Registrar must notify the applicant to comply with the official requirements if there are still any after the formal and substantive examinations have been completed.
Step 3: Registration of Design
The Registrar must provide a Certificate of Registration for the Design if there is no office action or if the decision is in the applicant’s favour.
The initial term for registering a design is five years, and it is renewable for an additional two terms of five years each. The renewal application should be submitted before the expiration date because there is no possibility to file a late renewal application, unlike a trademark. In accordance with section 46 of the Act of 1911, the initial duration for industrial design registration is 05 (five) years.
What is the renewal process of the registered industrial design?
The period of industrial design registration is initially 05 (five) years as per section 46 of the Act of 1911.This time frame may be extended for up to two terms of 05 (five) years each, provided the necessary fees are paid within the allotted window of time. In other words, industrial design spans a total of 15 (fifteen) years. Renewal of Industrial Design Registration within the allotted time with price pay order of BDT 10,000 (Ten Thousand) and 15% VAT Registration can be renewed by submitting an application. Application must be properly filled out Form-19 provided in compliance with Sections 48 (2) and 46 (3) of the 1911 Act.