Design

Preface:

An industrial design right is an intellectual property right that protects the visual design of objects that are not purely utilitarian. An Industrial design consists of the creation of a shape, configuration, or composition of a pattern or color, or combination of pattern and color in a three-dimensional form, containing aesthetic value. An industrial design can be a two or three-dimensional pattern used to produce a product, industrial commodity, or handicraft. As per The Hague Agreement Concerning Industrial Design, a WIPO-administered treaty, a procedure for an international design exists. To qualify for registration, the national laws of most member states of WIPO including Bangladesh require the design to be novel. As per section 2 (5) of the Patent and Design Act, 1911, “Design” means only the features of shape, configuration, pattern, or ornament applied to any article by any industrial process or means, whether manual, mechanical, or chemical, separate or combined, which in the finished article appeal to and are judged solely by anything which is in substance a mere mechanical device, and does not include any trademark or property mark.

Why Industrial Design Registration in Bangladesh is essential:

Industrial designs are what make an Article attractive and appealing; hence, they add to the commercial value of a Product and increase its marketability. Design registration allows businesses to gain a competitive edge in the market. They can promote their products as having unique, protected designs, which can be an attractive feature for consumers and can enhance the brand's reputation. However, when an Industrial design is protected, the owner- the person or entity that has registered the design is assured an exclusive right against unauthorized copying or imitation of the design by third parties. Besides, upon successful registration, the design owner obtains exclusive rights to use, license, or sell the design. This exclusivity prevents others from exploiting the design without the owner's permission, thus safeguarding the owner’s economic interests.

An effective system of protection also benefits consumers and the public at large, by promoting fair competition and honest trade practices, encouraging creativity, and promoting more aesthetically attractive products.

Governing Laws and the Authoritative Organs for the Protection of Industrial Design:

In Bangladesh, the laws and authoritative organs governing the protection of Designs are primarily outlined in the “Patent and Design Act, 1911”. The governing body responsible for the protection of Design is the Department of Patents, Designs and Trademarks (DPDT), which operates under the Ministry of Industries. The DPDT is the central authority that oversees intellectual property rights, including patents, designs, and trademarks in Bangladesh. It is responsible for granting and managing patents, as well as ensuring the protection of intellectual property in the country.

Annuity and Subsequent Maintenance:

The term of any Design (when the registration certificate is issued) shall continue for a total of 15 (fifteen) years counted from the date of filing of the design application or, as the case may be, the priority date.

When the registration certificate has been issued by the concerned authority, the validity of such registration shall remain in force for up to 5 years counted from the date of filing of the design application or, as the case may be, the priority date. Later on, it can be renewed for two (2) further consecutive periods of five (5) years on payment of the prescribed fee (Total 15 years).