Bangladesh enacted the Industrial Design Act, 2023 — a landmark modernisation of design law replacing the outdated Patents and Designs Act, 1911 framework for aesthetic product protection.
What Is Protected?
An industrial design protects the visual appearance of a product — shape, configuration, pattern, or ornamentation — that appeals to the eye and is capable of industrial application. Functional inventions without aesthetic novelty remain within patent law.
Key Features of the 2023 Act
- Dedicated register for industrial designs administered by DPDT
- Clear definitions aligned with international practice
- Term of protection — initial 5 years, extendable to 15 years with renewals
- Provisions on priority claiming for Paris Convention applications
- Infringement remedies including injunctions and damages
- Criminal penalties for commercial-scale piracy in appropriate cases
Registration Process
- Prepare representations (drawings or photographs) showing the design clearly
- Identify Locarno Classification category
- File application with statement of novelty and applicant particulars
- Examination for novelty and conformity with public order
- Registration and publication
Designers should file before public disclosure at trade fairs or on social media — prior disclosure may destroy novelty.
Comparison with Old Law
The 1911 Act bundled designs with patents and offered weaker enforcement tools. The 2023 Act provides a standalone framework recognising design as a distinct asset class — particularly important for furniture, ceramics, consumer electronics, textiles, and packaging-intensive FMCG.
Business Strategy Implications
Manufacturers should:
- Audit product lines for protectable silhouettes and packaging
- File design registrations alongside trademark protection for product shape
- Train product teams on confidentiality before launch
- Monitor competitors' design filings at DPDT
- Include design ownership clauses in OEM and factory contracts
Enforcement
Copy products in retail chains and e-commerce marketplaces can be challenged through civil suits and, where appropriate, criminal complaints. Registered designs significantly simplify proof compared to unregistered passing-off claims alone.
Conclusion
The Industrial Design Act, 2023 gives Bangladeshi manufacturers and designers a modern tool to protect visual innovation. Early registration and integrated IP strategy will separate market leaders from easily copied commodity suppliers.