INDUSTRIAL DESIGN

Overview :

Any person whether national or foreigner claiming to be the proprietor of a new or original industrial design may apply to the Registrar, Department of Patent, Design and Trademark for the registration of the Design in Bangladesh with the following documents. In case of foreign application, the application will be submitted through local agent.

(A) Application:-An application for the registration of industrial design should be made in the prescribed Form either 15 or 16 or 17. If the design is to be applied to any single article, the application should be made on Form-15, but if it is intended to be applied to a number of articles of the same general character, comprising a set, it should be made on Form-17, if it is intended to claim priority the application should be made on Form-16. If the applicant claims the right of priority of an earlier application filed in any country which is a party to Paris Convention, he/she is required to file his/her application within a period of six months from the date of the first application and to append to his application a written declaration to the effect that the claim of priority, indicating certain details regarding the earlier application, and to furnish a certified copy of the earlier application.

(B) Representation: - Application on prescribed form shall be accompanied by exactly similar four copies of representation of the article clearly showing the features of the design by different views and stating names of the views. The representation may contain drawing or photographs or specimens of the design where applicable.

(C) Power of Attorney: - If the applicant does not want to file his/her application in person, then he/she should file the application through an Advocate / IP Attorney and in that case an executed Form-31 (POA) would be accompanied with the application.  

(D) Requisite fee: - The fee payable for any class is shown in the fee schedule. The fee would be paid by way of Payment Order in favour of Registrar, DPDT along with Value Added Tax at the rate of 15% on total official fees to the Code No. "1/1133/0010/0311" of Govt. Exchequer by way of Treasury Chalan.

(E) Statement of Novelty: - The applicant should endorse on the application and each of the representations a brief statement of novelty for which he/she seeks protection. This may be done when he/she files the application or at any time before registration is finally effectuated.

(F) Endorsement of disclaimers: - Statement of novelty will contain a disclaimer to the effect that no right is claimed over the use of Trademarks, any mechanism, letters, words, numbers etc.

(G) Duration of Registration of Design: - The registration of industrial design is valid for 5 years from the date of application. The period may be extended by two further periods each of 5 years on application before the expiry of the copyright.

(H) Classification of Goods: - For purpose of registration of industrial design, goods to which the design is to be applied are divided into fourteen classes.

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