The Bangladesh Industry-Design Act, 2023 has been passed in a bid to protect the intellectual property rights of industrial designs.
Penalty for non-compliance with industry design laws has been increased. In instances of industry design infringement, the prescribed fines range from a minimum of Tk 1 lakh to a maximum of Tk 10 lakh. An offender must disburse this fine to an affected party within 10 working days from the date of issuance.
This bill was tabled in parliament on November 1 last year in a bid to replace the Patents and Designs Act, 1911, as there were a huge number of complications under the century-old law. On February 22, 2021, the cabinet approved the draft Bangladesh Industry-Design Act in principal.
This act came into effect on July 11 after the government published a gazette following the president’s approval. Under the law, Infringers will pay industry design owners compensation, and such cases will be resolved by civil courts.
In 2016, this act was divided into two parts, patent and another design law drafted by the industries ministry.
The act has been made in accordance with the principles of the World Trade Organization. Fraudulent use of a registered industrial design without being the owner will be open to prosecution.
Industry design laws cover the visual appearance of a manufactured product, including its characteristic shape, lines, colours, graphical user interface and calligraphy.
Registration of industry designs will be granted for a period of 10 years in the manner prescribed by rules under the act and subject to payment of fees. The registration period can be renewed not more than three times in every 5 years.
Expiry of registration can be relaxed up to 6 months subject to payment of additional fee for renewal.
According to the act, industry designs eligible for registration must possess novelty, distinctiveness, and be capable of industrial production or usage. Industry designs incorporating elements such as words, letters, trademarks, or numbers can be registered, provided the applicant submits a non-claim letter.
For a design to be considered new, it should not have been previously disclosed through publication, exhibition, trade, or any visible use, either in Bangladesh or anywhere else in the world, before the application for registration.
As per legal regulations, objections can be made up to 30 days from the date of publication of the industry-design application. Within this period, a written objection must be filed against the application in the prescribed manner and with fee. If the applicant or proprietor applies for the same industry design in a Paris Convention country, the date mentioned in the application will take precedence.
Industry designs featuring a nation's symbols are excluded from copyright protection. Additionally, industry designs conflicting with public order, environmental standards, or ethical norms, as well as those primarily governed by out-dated technical or practical laws, will not qualify.
Furthermore, the act stipulates that the cancellation of an industrial design registration requires the submission of an application to the Director General, along with the necessary procedures and fees. Such an application for cancellation can be submitted to the directorate within a span of two years from the date of registration.
If this two-year period elapses, the application for cancellation can then be filed with the High Court.
The Bangladesh Industry Design Act states the existing Directorate of Patents, Designs, and Trademarks, which operated under the previous Act, will now be substituted with the new Directorate of Patents, Industry Designs, and Trademarks.
This new directorate is specifically tasked with achieving the goals outlined in the Trademark Act-2009, Geographical Indication Products Act-2013, Bangladesh Patent Act-2022, and the recently established act concerning industry design.
There will be four units namely Industry Design, Trademarks, Geographical Indications and Patents under the directorate. The directorate will have a common seal and each unit will have a separate official seal. All the activities related to registration of industrial designs will be completed under the new act.
While in the previous act there was a Registrar, in the new act the Chief Executive will be the Director General. Simultaneously, the posts of Registrar, Deputy Registrar, Assistant Registrar and Examiner of the existing Directorate will be the posts of Director General, Director, Deputy Director, and Assistant Director respectively.
Under the new act, the position of Registrar has been replaced by the Chief Executive, who will now hold the title of Director General. Similarly, the roles of Deputy Registrar, Assistant Registrar, and Examiner within the existing Directorate will be re-designated as Director, Deputy Director, and Assistant Director, respectively.
