Industrial Design
Industrial Design in Bangladesh
Anyone can apply to the Register of the Department of Patent, Design, and Trademarks (DPDT) for registration of a design in Bangladesh. The applicant for the registration of a design in Bangladesh must be the proprietor of a new and new industrial design.
Industrial Design Registration in Bangladesh
THE PATENTS AND DESIGNS ACT 1911 & PATENTS AND DESIGNS RULES 1933
Application:
Application for the Registration of the Design Registration in Bangladesh is filed under Rule 35(1)
Examination:
From the date of filing an application for Industrial Design Application generally it takes about 9 months to complete the examination process.
Certificate:
After examination when it is decided in favour of the application for the registration of a design application in Bangladesh the Registrar is obliged to issue a certificate of registration for the design in Bangladesh.
Timeline:
| Application | Same day event |
| Examination | Examination process generally continues for about 9 months |
| Certificate | It takes about 1-2 years to register a design applicant in Bangladesh. |
Term:
Initially a design registration certificate in Bangladesh is issued for term of 5 years.
Renewal:
Initial term of 5 years can be renewed only for 2 subsequent terms of 5 years each.
Late Renewal:
Late renewal is not allowed. A renewal application must be filed before the expiry date since there is no option for late renewal.
Priority Claim in Bangladesh:
An application claiming priority can be filed in Bangladesh. The application claiming priority must be filed within 6 months from the date of such earlier application filed in a convention country.
A priority application must clearly show:
A. The date of the earlier application in the convention country.
b. Earlier application number
Certified copy of the earlier application must be filed within a period of 3 months from the date of filing the application in Bangladesh.
An authentic English transcript of the original priority documents must accompany the authentic original when it is in any language other than English. Both documents must be verified or notarized.
An industrial design may be three-dimensional, for example shape of an article, or two-dimensional, for example, a pattern, line or colour.
Cancellation: Section 51(a) of the Patent Act 1911:
Interested person can file an application for cancellation the registration of a design in Bangladesh at any time after the issuance of the certificate
A. Before the High Court Division of the Supreme Court of Bangladesh stating
a. Previously the design has been registered in Bangladesh or
b. The design has been registered in Bangladesh prior the date of registration
c. The design is not new or original design.
Filing requirements of a Industrial Design application in Bangladesh
1) Name and Complete Address of the applicant.
2) Representation: An application on the prescribed form. It must accompany 4 exact copies of the representation. The representation must clearly show the features of the design from different views and stating the names of the views. It can be drawing or photographs or specimens of the design where applicable.
3) Novelty: The statement of novelty, for which protection is sought, endorsing the application and the representations made in the application must be filed either with the application for registration of a design in Bangladesh or at any time before the certificate is finally issued.
4) Disclaimers: The applicant must endorse disclaimers in the statement of the novelty stating that no right is claimed over the use of Trademarks, any mechanism, letters, words, or numbers etc.
5) Goods: The applicant must specify the class of goods, out of 14 classifications, to which the registration of design will be applicable has been divided into 10 classes.
6) Authority: The applicant must file the original Power of Authority (POA) within 1 month of filing of the application to register an industrial design in Bangladesh.
7) Priority: (when claimed) the Priority documents must be filed within the six months of the date of such earlier application,
Classification of industrial design in Bangladesh
According to Patent & Design Act 1911
Classification of industrial design in Bangladesh
According to Patent & Design Act 1911
| Class | Products |
| 1 | Articles composed wholly of metal or in which metal predominates, and Jewellery |
| 2 | Books and bookbinding of all materials |
| 3 | 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) |
| 4 | Articles composed wholly of glass, earthenware or porcelain, clay (burnt or baked), or cement or in which such materials predominate |
| 5 | Articles composed wholly of paper, card-board, mill-board or straw-board (except articles included in Class 2, and paper hangings), or in which such materials predominate. |
| 6 | Articles composed wholly of leather or in which leather predominates, not included in other classes |
| 7 | Carpets, rugs and floor coverings in all materials. |
| 8 | Lace |
| 9 | Boots, shoes and the like foot-wear. |
| 10 | Millinery and wearing apparel (except articles included in Class 10). |
| 11 | Printed or woven designs on textile goods (other than checks or stripes) |
| 12 | Printed or woven designs on textile goods being checks or stripes. |
- The Patents and Designs Act 1911 & Patents and Designs Rules 1933
- Filing requirements of a Industrial Design application in Bangladesh
- Classification of industrial design in Bangladesh
Consultation
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