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Trademarks Journal No. 275 Injunction against a local counterfeiter
Industrial Designs

 

Industrial Designs:


Legal basis: Patent & Design Act, 1911 with later amendments. The Registrar may, on the application of any person claiming to be the proprietor of any new or original design not previously published in Bangladesh, register the design under this Part.


Membership of International Conventions: Paris Convention
.

 

Designable subject matters: Under the Patents and Designs Act. 1911, the protection of an industrial design shall apply to a new design and not any scandalous design on any design contrary to morality or public order or which is likely to offend the religious or racial susceptibilities of any community.

 

A design is defined as any composition or lines or colours or any three dimensional form, whether or not associate with lines or colours, that gives a special appearance to a products of industry of handicraft and escapable of serving as a pattern for a products of industries or handicraft.

 

The right to protection of an Industrial design belongs to its owner. In the absence of any provision to the contrary or any contact of employment, the ownership of an industrial design created in the performance of such contact shall be deemed to accrue to the employer. After an application for registration has been made in the prescribed manner, if the registrar thinks deemed fit that the proposed design is new and original one, the registrar granted and accept the design or if the registrar is not satisfied then he may refuse application for registration of design the aggrieved person after receiving the notice of refusal of his application then he may prefers an appeal to the Govt. within stipulated time.

 

 

Term of Industrial Designs:  After acceptance and registration of the design it remains valid for a period of 5 years and may be renewed for two successive periods of 5 years each.


FILING REQUIREMENTS FOR DESIGN APPLICATIONS
:

1.The Name, Address and Nationality of the applicant(s).

 

2. 6 (six) copies/sets of Article which is to be registered as Design.

 

3.  Affidavit in support of novelty of the Design by the applicant.

 

4.  A duly executed Power of Attorney (POA) form.

 

5. In case of claiming priority, Certified Copy of the Priority application (if not in English, provide Certified      English version) should be required and must be submitted with the application or within 3(three) month from the date of filing of the application with late fees.

 

 


 

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