Industrial Designs Law in Bangladesh
Sure! Here's an overview of the Industrial Designs Law in Bangladesh:
Industrial Designs Law in Bangladesh
Governing Law:
The primary law regulating industrial designs in Bangladesh is the Designs Act, 1911, which is a colonial-era legislation still in force, supplemented by related rules and regulations.
What is an Industrial Design?
An industrial design refers to the aesthetic aspect of an article, such as the shape, configuration, pattern, or ornamentation that gives a unique appearance to a product.
It must be new and original to be registrable.
Industrial designs apply to a wide range of products, including textiles, jewelry, furniture, automobiles, electronic devices, and packaging.
Key Provisions of the Designs Act, 1911 (Bangladesh)
Definition:
The Act defines a "design" as features of shape, configuration, pattern, or ornamentation applied to an article by any industrial process or means.
Registration:
Designs must be registered with the Department of Patents, Designs and Trademarks (DPDT), under the Ministry of Industries.
Registration grants exclusive rights to use the design and prevent unauthorized copying.
Criteria for Registration:
The design should be new or original.
It should be applied to an article by an industrial process.
The design must not be scandalous or contrary to public order or morality.
Designs that are solely dictated by technical function are not registrable.
Application Process:
An application for registration must be made within 6 months of first publication or use anywhere in the world.
The applicant submits a representation of the design, a statement of novelty, and prescribed fees.
If accepted, the design is registered, and a certificate is issued.
Duration of Protection:
The initial protection period is 5 years from the date of registration.
It can be renewed for two further periods of 5 years each, up to a maximum of 15 years.
Rights Conferred:
The registered owner has the exclusive right to apply the design to articles.
The owner can take legal action against infringement.
Infringement and Remedies:
Infringement occurs when someone applies or uses the registered design without permission.
Remedies include injunctions, damages, or accounts of profits.
Related Legal Framework
Bangladesh is a member of the World Trade Organization (WTO) and is bound by the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights), which sets minimum standards for industrial design protection.
However, the Designs Act, 1911 remains the primary legislation, and there is ongoing discussion about modernizing intellectual property laws in Bangladesh.
Enforcement
The DPDT handles registration.
Courts have jurisdiction over disputes.
Enforcement of design rights can be challenging due to limited awareness and infrastructure.
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