Assignment On Design

Bangabandhu Sheikh Mujibur Rahman Science and
Technology University, Gopalgonj -8100
Assignment on Design
Course Title : Law of Intellectual Property

Course Code : LAW317
Submitted by : Submitted to :
Tonmoy Chandra Roy Md. Humayun Kabir
Department of Law Lecturer, Department of Law
ID : 18LAW041 BSMRSTU
Date of submission : 10/09/22

Intellectual property (IP) is a category of property that includes intangible creations of the human
intellect.1 There are many types of intellectual property, and some countries recognize more than
others.2 The best-known types are copyrights, patents, trademarks, and trade secrets. The modern
concept of intellectual property developed in England in the 17th and 18th centuries. The term
"intellectual property" began to be used in the 19th century, though it was not until the late 20th
century that intellectual property became commonplace in the majority of the world's legal
systems.3
The main purpose of intellectual property law is to encourage the creation of a wide variety of
intellectual goods To achieve this, the law gives people and businesses property rights to the
information and intellectual goods they create, usually for a limited period of time. This gives
economic incentive for their creation, because it allows people to benefit from the information
and intellectual goods they create, and allows them to protect their ideas and prevent
copying. These economic incentives are expected to stimulate innovation and contribute to the
technological progress of countries, which depends on the extent of protection granted to
innovators.
Bangladesh Legislature has enacted and adopted various for the purpose of protecting the rights
of intellectual property. These are :
1. The Copyright Act,2000 4

2. The Patents and Design Act, 1911 5
3. The Trademark Act, 2009 6
4. The Geographical Indication of Goods (Registration and Protection) Act, 2013
Design plays an increasingly important role in the world economy. Industrial design filings
worldwide have seen continued growth over the last decade, often at double-digit rates,
notwithstanding the global economic down-turn. The look and feel of devices – their design –
helps drive consumer choice, as it determines the ease of use and influences consumer
experience of a product. Design enables firms to differentiate their products and foster a
particular brand image, ultimately establishing a competitive edge in the marketplace. Firms are
therefore sensitive to the copying of their designs, as it may lead consumers to purchase other
products and result in a loss of market share.
Definition of Design:
Section 2(5) of The Patents and Design Act, 1911 defines design as follows:
Design means only the features of shape, configuration, pattern or ornament applied to any
article by any industrial process or means, whether manual, mechanical or chemical, separate or
combined, which in the finished article appeal to and are judged solely by the eye but does not
include any mode or principle of construction or anything which is in substance a mere
mechanical device, and does not include any trade mark as defined in section 478, or property
mark as defined in section 479 of the Penal Code, 1860.
Article 2(1) of the Model Law, as provided by WIPO, defines designs as “any compositions of
lines or colors or any three- dimensional, whether or not associated with lines or colors, is
deemed to be an industrial design, provided that such composition or form gives a special
appearance to a product of industry or handicraft and can serve as a pattern for a product of
industry or handicraft.”
The right conferred by the registration of a design is called copyright. This copyright has no
resemblance to the copyright granted under the copyright. Such copyright in an industrial design
is governed by the Patents and Design Act, 1911. If a design is registered under this Act, it will
not be eligible for protection under the Copyright Act, 2000, even though it may be an original
artistic works.
Criteria for Registration :

In order to be registered, a design must be new or original not previously published in
Bangladesh. The design must have individuality of appearance, which makes it not merely
visible, but noticed, although it need not possess any artistic merit. A design should be
substantially different from pre-existing designs applied to the class of article. It must appeal to
the eye of the consumers and should be industrially reproducible. However, criteria for
registration may be pointed out as follows :
1. The design must be new,
2. It must appeal to the eye of the consumers,
3. Applicable industrially to the article.
Procedure for Registration :

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 section 43 of
the The Patents and Design Act, 1911. The application must be left at the Department of Patents
Designs and Trade Marks in the prescribed manner and must be accompanied by the prescribed
fee.
An application must be made in the prescribed form and generally it should contain the
following particular-
• Name of the inventor (applicant),
• Address(s) and nationality of the inventors,
• Two sets of specifications of design,
• Four sets of 3D pictures of the products from 4 sides,
• Power of Attorney[From-31].
Term:
Initially a design registration certificate in Bangladesh is issued for term of 5 years.
Renewal:
Initial term of 5 years can be renewed only for 2 subsequent terms of 5 years each.
Cancellation: Section 51(a) of the Patent Act 1911:
Interested person can file an application for cancellation the registration of a design in
Bangladesh at any time after the issuance of the certificate before the High Court Division of the
Supreme Court of Bangladesh stating
a. Previously the design has been registered in Bangladesh or
b. The design has been registered in Bangladesh prior the date of registration
c. The design is not new or original design.
Any person who uses or apply or imitate the design without the consent of the registered
proprietor which deceive the consumers he infringes the provisions of the 1911 Act. 7The Act
provides a couple of civil remedies such as compensation, damages and injunction for an act of
infringement of the copyright of a registered design. Suits for infringement of industrial designs
are instituted before the District Court.
Conclusion :
Bangladesh is a developing country; in order to turn her into mid-developed one, there is no
alternative to give priority on IP and its laws. By removing the present problems which have
been shown in the paper, better IP Protection can be ensured to the entrepreneurs who can turn
Bangladesh into an industrial developed country.
References: 1.World Intellectual Property Organization(WIPO)( 2016). 2. World Trade

Organization (WTO) 3. Texas Law Review ,2005, vol. 83: 1033, footnote 4. Act no XXIIX of 2000
5.Act no II of 1911 6. Act no XIX of 2009.7 Section 53, Ibid

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Bangabandhu Sheikh Mujibur Rahman Science and

Technology University, Gopalgonj -8100

Course Title : Law of Intellectual Property

Date of submission : 10/09/22

1. The Copyright Act,2000 4

Criteria for Registration :

Procedure for Registration :

Cancellation: Section 51(a) of the Patent Act 1911:

References: 1.World Intellectual Property Organization(WIPO)( 2016). 2. World Trade

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