Bangladesh enacted the Industrial Design Act, 2023 — a landmark modernisation of design law replacing the outdated Patents and Designs Act, 1911 framework for aesthetic product protection.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

  1. Prepare representations (drawings or photographs) showing the design clearly
  2. Identify Locarno Classification category
  3. File application with statement of novelty and applicant particulars
  4. Examination for novelty and conformity with public order
  5. 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.