Preface:
An industrial design right is a form of intellectual property that protects the visual appearance of products that are not purely functional. It includes the creation of shapes, configurations, patterns, or colors—or combinations thereof—applied in a two- or three-dimensional form that possess aesthetic value. Industrial designs are commonly used in the production of manufactured goods, industrial products, or handicrafts.
Under the Hague Agreement Concerning Industrial Designs, administered by the World Intellectual Property Organization (WIPO), an international registration system is available. To qualify for protection, most WIPO member states, including Bangladesh, require that the design be novel.
According to Section 2 (Dha) of the Bangladesh Industrial Designs Act, 2023, an "Industrial Design" refers to the features of shape, configuration, pattern, or ornamentation applied to any article through an industrial process—whether manual, mechanical, or chemical, individually or in combination—that appeal to the eye and are judged purely by visual appearance. It does not include any trademark, property mark, or elements that are solely mechanical in nature.
Why Industrial Design Registration in Bangladesh is essential:
Industrial designs enhance the visual appeal of a product, making it more attractive to consumers and increasing its commercial value and marketability. Registering a design gives businesses a competitive advantage by allowing them to market their products as having unique and legally protected designs. This not only draws consumer attention but also strengthens the brand’s reputation.
When an industrial design is protected, the registered owner—whether an individual or an entity—is granted exclusive rights to prevent others from copying or imitating the design without authorization. Upon successful registration, the owner gains the legal right to use, license, or sell the design, ensuring control over its commercial exploitation and safeguarding their economic interests.
Moreover, an effective design protection system benefits consumers and the broader public by encouraging fair competition, promoting innovation, and supporting the creation of more visually appealing and original products.
Governing Laws and the Authoritative Organs for the Protection of Industrial Design:
In Bangladesh, the protection of industrial designs is primarily governed by the Bangladesh Industrial Designs Act, 2023. The Department of Patents, Designs and Trademarks (DPDT), operating under the Ministry of Industries, is the central authority responsible for administering design rights. The DPDT oversees the registration, management, and enforcement of intellectual property rights—including patents, designs, and trademarks—and plays a vital role in ensuring their protection across the country.
ANNUITY/RENEWAL AND SUBSEQUENT MAINTENANCE:
The term of an industrial design registration in Bangladesh is a maximum of 25 years from the date of filing the application or the priority date, as applicable. Upon issuance of the registration certificate by the competent authority, the design is initially valid for 10 years. This registration can be renewed for up to three consecutive periods of 5 years each, subject to payment of the prescribed fees—bringing the total possible duration to 25 years.
