The legal landscape governing industrial designs in Bangladesh has undergone a significant transformation with the transition from the Patents and Designs Act of 1911 to the Bangladesh Industrial Designs Act of 2023. This shift underscores the nation's commitment to modernizing its intellectual property laws to better align with contemporary industrial and technological advancements.
Patents and Designs Act, 1911
Enacted during the British colonial era, the Patents and Designs Act, 1911, served as the foundational legislation for both patents and industrial designs in Bangladesh. The Act was comprehensive, covering various aspects of intellectual property protection. Key provisions included:
- Short Title, Extent, and Commencement (Section 1): This section provides the Act's name, its applicability across the whole of Bangladesh, and its commencement date.
- Definitions (Section 2): Crucial terms such as "patent" and "design" were defined here, setting the groundwork for the Act's application.
- Registration of Designs (Sections 43-50): These sections detailed the process for registering industrial designs, including application procedures, examination, and publication.
- Legal Proceedings (Sections 53-54): Outlined the legal recourse available in cases of infringement, including remedies and penalties.
While the 1911 Act was instrumental in establishing intellectual property rights in Bangladesh, over time, it became evident that the legislation was outdated, necessitating reforms to address contemporary challenges.
Bangladesh Industrial Designs Act, 2023
In response to the evolving industrial landscape, the Bangladesh Industrial Designs Act, 2023, was enacted to provide a more focused and updated framework for the protection of industrial designs. This Act repealed the design-related provisions of the 1911 Act, introducing comprehensive regulations tailored to modern needs. Key features include:
- Establishment of the Department (Section 3): This section establishes the Department responsible for overseeing industrial design registrations and related matters.
- Definitions (Section 2): Provides updated definitions pertinent to industrial designs, ensuring clarity and relevance in the current industrial context.
- Non-Registrable Designs (Section 4): Specifies designs that are not eligible for registration, such as those lacking novelty or being contrary to public order.
- Registrable Designs (Section 5): Outlines the criteria for designs that qualify for registration, emphasizing originality and distinctiveness.
- Application and Registration Process (Sections 6-10): Details the streamlined procedures for applying, examining, and registering industrial designs, including provisions for opposition and cancellation.
- Duration and Renewal of Registration (Sections 11-12): Extends the term of design protection and provides guidelines for renewal, ensuring prolonged exclusive rights for design owners.
- Legal Remedies and Enforcement (Sections 20-25): Establishes comprehensive legal remedies and enforcement provisions to address design infringements, including civil and criminal actions effectively.
Key Differences Between the Two Acts
- Scope and Focus:
- 1911 Act: Combined patents and designs under a single legislative framework.
- 2023 Act: Exclusively focuses on industrial designs, providing more specialized and detailed provisions.
- Definitions:
- 1911 Act: Contained definitions that have become outdated over time.
- 2023 Act: Introduces modern definitions that align with current industrial practices and technological advancements.
- Registration Process:
- 1911 Act: The registration procedures were more cumbersome and less defined.
- 2023 Act: Implements a streamlined and efficient registration process, reducing bureaucratic hurdles for designers.
- Duration of Protection:
- 1911 Act: Provided a shorter term of protection for registered designs.
- 2023 Act: Extends the duration of protection, with options for renewal, offering designers longer periods of exclusive rights.
- Legal Remedies and Enforcement:
- 1911 Act: Offered limited remedies and enforcement mechanisms against infringement.
- 2023 Act: Establishes comprehensive legal remedies and enforcement provisions to address design infringements effectively.
In conclusion, the transition from the Patents and Designs Act, 1911, to the Bangladesh Industrial Designs Act, 2023, marks a significant advancement in the country's intellectual property regime. The newer Act provides a more focused, efficient, and robust framework for the protection of industrial designs, fostering innovation and aligning with international best practices.
Feb 13, 2025