Industrial Design

Registration in Bangladesh

Flowchart

(whether no objection or opposition)

Industrial Design Registration 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.

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FLOWCHART (TIMELINE)

Of a Industrial Design Registration in Bangladesh

Stage-1: Application Filed U/R-35 (1)

Tyeps of Appicaltion:

(1) Ordinary Paten Application

An ordinary application is an application without claiming priority.

(2) Convention Application (Priority)

Convention application (claiming priority from a convention country)is an application that is made in Bangladesh within 6 months from the date of an application made in a convention country.

Stage-2: Examination

In Bangladesh an examination for (a) Formlaties check and (b) Novelty check of a design application is carried out automatically without a formal request being made.

Stage-3: Proceed for Registration Certificate

If there is no office action or if the determination is in favour of the applicant of a design the Registrar is obliged to issue a Certificate of Registration for the Desing.

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.

Renewal

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.

FAQs

Industrial Design Application Filing in Bangladesh

Industrial Design application in Bangladesh can be filed in two categories:

(1) Ordinary Applications
(2) Convention Application (claiming priority from a convention country)

Convention Industrial Design Application (Priority)

Convention application 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.

Verified/ notarised English translation of the priority document if priority document is in any language other than English.

Industrial Design Registration in Bangladesh

An ordinary Industrial Design application is an application that is filed without claiming priority.

Who can apply for Industrial Design registration in Bangladesh?

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.

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 of a Industrial Design application in Bangladesh

1) Name and Address of the applicant

2) 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.

3) 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.

4) 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.

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

6) Original POA (Power of Authority by Applicant) Original copy of POA must be filed within 1 months of filing of Patent Application in Bangladesh

7) 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. Verified/ notarised English translation of the priority document if priority document is in any language other than English.

Timeline

In Bangladesh, it takes around 1-2 years approximately for a Design to be registered

Classification of industrial design in Bangladesh

According to Patent & Design Act 1911

Class-1 (Products)

Articles composed wholly of metal or in which metal predominates, and Jewellery

Class-2 (Products)

Books and bookbinding of all materials

Class-3 (Products)

Articles composed wholly of India-rubber, wood, bone, ivory, papier-mache, celluloid, bakelite, or like substances, or materials in which such substances predominate (except articles included in Class 10)

Class-4 (Products)

Articles composed wholly of glass, earthenware or porcelain, clay (burnt or baked), or cement or in which such materials predominate

Class-5 (Products)

Articles composed wholly of paper, card-boared, mill-board or straw-board (except articles included in Class 2, and paper hangings), or in which such materials predominate.

Class-6 (Products)

Articles composed wholly of leather or in which leather predominates, not included in other classes.

Class-7 (Products)

Articles composed wholly of leather or in which leather predominates, not included in other classes.

Class-8 (Products)

Carpets, rugs and floor coverings in all materials.

Class-9 (Products)

Lace.

Class-10 (Products)

Boots, shoes and the like foot-wear.

Class-11 (Products)

Millinery and wearing apparel (except articles included in Class 10).

Class-12 (Products)

Millinery and wearing apparel (except articles included in Class 10).

Class-13 (Products)

Printed or woven designs on textile goods (other than checks or stripes).

Class-14 (Products)

Printed or woven designs on textile goods being checks or stripes.

THE PATENTS AND DESIGNS

ACT 1911

WHEREAS it is expedient to amend the law relating to the protection of inventions and designs; It is hereby enacted as follows:-

DEVELOPMENT OF PATENT LAW IN BANGLADESH

The Patents and Designs Act, 1911, is the law in force in Bangladesh on patents and designs which was enacted in 1911, during the British colonial age, along with other provinces of Indian sub‐continent, mainly on the basis of the principles laid down in the British Statute of Monopolies, Patents, Design and Trade Marks Act, 1883 and Patents and Designs Act, 1907. The laws relating to patents and designs have, therefore, been consolidated in a single enactment in Bangladesh, namely, the Patents and Designs Act, 1911. The Act is divided into three parts. In part I laws relating to patents, in part II laws relating to designs and in part III general provisions have been included. In some countries, two separate acts prevail for patents and designs respectively. In India, a separate Patents Act was enacted in 1970 and the provisions relating to designs continue to be governed by the provisions of the Patents and Designs Act, 1911, and for the purpose suitable amendments by way of omission, addition, substitution etc. were made in the Patents and Designs Act, 1911, by the Patents Act, 1970 (Act 39 of 1970).
The law commission report in 2003 opined that it would be convenient to keep the provisions relating to both patents and designs in one enactment as in the present Act.

The Patents And Designs Act, 1911

PATENTS AND DESIGNS RULES 1933

(As amended up to the 15th June 1946.)

PATENTS AND DESIGNS RULES, 1933.

Notification No. A197, dated the 2nd February 1933. – In exercise of the powers conferred by sub-section (1) of section 57 and sub-section (1) of section 77 of the Patents and Designs Act, 1911 (II of 1911), the Central Government is pleased to make the following rules, the same having been previously published as 2 required by sub-section (2) of the last named section, namely:-

Patents & Designs Rules, 1933