Designs and Models
– There is no separate act or legislation governing the registration of designs (see under Section II. “Patents of Invention“). The Bangladesh Gazette publishes both patents and designs and is under the control of the Registrar of Patents and Designs.
Note: a new Designs Act is in preparation and is expected soon.
Membership in International Conventions
– Convention Establishing the World Intellectual Property Organization (WIPO), since May 11, 1985.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since March 3, 1991.
– WTO’s TRIPS Agreement, since January 1, 1995.
Applicant: any person claiming to be the proprietor of a new original design not previously published in Bangladesh may apply for registration of the design in Bangladesh. A “person” includes any firm, partnership or body corporate.
Foreigners and nationals not living in the country: are entitled to the same protection as is available to Bangladeshis.
Reciprocity application for the registration of a design: every reciprocity application for the registration of a design shall contain a declaration that a British application has been made for the protection of the design to which such reciprocity application relates and shall specify every part of Her Majesty’s dominions in which any such British application has been made and the official date or dates thereof respectively. The application shall be made within six months from the date of the first British application by the person by whom such first British application was made, or by legal representative or assignee either alone or jointly with any other person.
Not registrable: (1) designs which are not new or original; (2) designs the same as designs already registered; (3) a method or principle of construction or an improvement in the construction, arrangement or application of machinery; (4) anything which is, in substance a mere mechanical device; (5) any trademark; (6) a mere junction of two or more articles of known shape or pattern; (7) copyright as regards literary, dramatic, musical and artistic works; (8) a design containing a reproduction or armorial bearing; (9) words, letters or numerals or any particular arrangements thereof; (10) a mere painting, drawing or sketch of say a landscape, hunting or building; (11) buildings and structures which are not equitable.
Novelty: a brief statement of the novelty for which applicant seeks protection may be endorsed by him on the application and on each of the representations.
Priorities: Bangladesh has a reciprocal arrangement with the United Kingdom.
Series application: a design already registered in one and more classes may be registered in other classes as well.
Territory covered: the whole of Bangladesh.
Filing requirements for an application (to be sent to resident agent):
1. Power of attorney (no legalization is needed);
2. 6 identical drawings, prints or photographs of the design or 6 identical samples of woven or textile goods;
3. Certified copy of the basic application if priority is claimed.
Electronic filing: available.
Electronic signatures: are accepted during exceptional circumstances. Also, scanned copies of wet signed documents or by digital signature can be submitted at the time of filing, but the original document must be submitted within ninety days.
Amendment of application: if any defects are noticed in an application for a design during its examination, the Registrar may require their removal.
Opposition: a pending application can be opposed or an application can be made for the cancellation of a registered design.
Provisional registration: not allowed under Bangladesh Law.
Registration: when a design is accepted the necessary information is entered in the Register of Designs, but the applications are not published by the Patent Office.
Delivery of document: the period between the filing of an application and the granting of a design and patent varies in each case.
Beginning of protection: from the date of filing the application if it is successful. Proceedings for infringement can be instituted before the design is registered.
Duration – extension: five years from the date of the application for registration, may be extended for two further periods of five years each.
Annuity: no annuity under the present law is charged, but fees are payable for each extension for five years.
Marking of registered goods: before delivery for sale of any article to which a registered design has been applied, the proprietor must ensure that each article is marked with the word “Registered” or with the abbreviation “Regd.” or “Rd.”.
Changes in the list of goods: a design already registered in one or more classes may be registered in other classes as well.
Assignment: a person registered as the proprietor of a design may also assign his design. Any such assignment may also be registered at the Patent Office.
Licenses: a person registered as the proprietor of a design may grant license of his design. Such license may be registered at the Patent Office.
Modification of Protection after Registration
Rights of prior user: if the design has previously been used in such a way that it has been disclosed either to the public or to any individual member of the public who is not bound to secrecy, this amounts to publication and biases registration.
Opposition to registered design: any person may apply for cancellation of the registration of the design on any of the following grounds: (1) that the design has previously been registered in Bangladesh; (2) that it has been published in Bangladesh prior to the date of registration; (3) that the design is not new or original.
Annulment of registration: the registration of a design would be cancelled if the proceedings for cancellation were decided in favor of the opponent. There is no bar for compulsory license, for appropriation and for validation.
Infringement and penalties: if any one contravenes the copyright of a design, he is liable for every offense committed to pay a sum not exceeding Tk. 500 to the registered proprietor of a design subject to a maximum of Tk. 1,000 in respect of any one design. The registered proprietor of any design may, if he so desires, bring an action for recovery of damages suffered by such contravention and for an injunction against the repetition thereof.