.png?width=500&height=250&name=%E7%9F%A5%E7%9A%84%E8%B2%A1%E7%94%A3%E4%BA%8B%E5%8B%99%E6%89%80%E3%82%A8%E3%83%9C%E3%83%AA%E3%82%AF%E3%82%B9%20(500%20%C3%97%20250%20px).png)
Registration requirements Registering a Swiss design requires novelty and uniqueness. Specifically,...
Requirements for design registration
Bangladesh – In 2023, a new Industrial Design Act (Industrial Design Act, 2023) will be enacted in Bangladesh, and the main requirements for design registration are novelty, originality (distinctiveness), and industrial applicability. In other words, the design to be registered must be new and not disclosed to the public anywhere in the world prior to filing (global novelty), must have unique characteristics that are sufficiently distinguishable from existing designs (designs with slight differences that can be confused with known designs cannot be registered), and must be in a form that can be industrially applied to products. It is clearly stated that protection does not apply to cases where the shape or pattern is derived purely from function (purely functional form without any sense of beauty), designs that violate public order and morals or the environment, or designs that include national emblems, etc. Additionally, there is a provision that an exception to the loss of novelty will be granted in the case of unauthorized publication by a third party (such as plagiarized publication) that is not published by the applicant (if the application is filed within a certain period of time, the publication will not impair novelty)*. . Furthermore, a priority system based on the Paris Convention has been introduced, which stipulates that novelty can be determined retroactively to the earlier filing date (priority claim) if the application is filed in Bangladesh within six months from the earlier filing date in a foreign country.
*In the old Bangladesh law (Patents and Designs Act 1911), there was a provision that made an exception to the lack of novelty if the application was exhibited within 6 months after being exhibited at an authorized exhibition or published against the applicant's will.
Japan – Under Japan's design law, the requirements for design registration are novelty, creation impossibility (certain difficulty in creation), and industrial applicability. In Japan, the 2020 legal amendment extended the exception period for loss of novelty from the previous six months to one year, making it possible to meet the novelty requirements by following the prescribed procedures even if your design has been published within one year before filing. Japan has also expanded the scope of protection in recent years, including the graphical user interface (GUI) of software and the exterior and interior designs of buildings. On the other hand, both Japan and Bangladesh have in common that shapes that are purely functional (shapes that are purely functional) or designs that violate public order and morals cannot be registered.
Examination procedures (formal examination/substantive examination, examination period, disclosure system, etc.)
Bangladesh – In Bangladesh, design applications are filed at theDepartment of Patents, Designs and Trademarks (DPDT), and when filing an application, the required documents are submitted in the prescribed application form. Documents to be submitted include drawings or photographs of the design, a statement of novelty, and an explanation of the succession of rights in cases where the applicant is not the designer himself/herself. After filing, the DPDT conducts formality examination and substantive examinationto examine whether there are any document deficiencies and whether the design satisfies the statutory requirements (novelty, originality, industrial suitability). Bangladesh has adopted a substantive examination system, and examiners determine eligibility for registration after investigating whether there are any prior designs. Applicants are also required to briefly describe the "parts that are novel" on the application and drawings, which helps the examiner understand the gist of the design. If a reason for refusal is pointed out during the examination process (for example, the existence of a similar earlier design or a violation of public order and morals), the applicant will be notified and given the opportunity to respond with a written opinion or amendment within two months from the date of notification (extendable by one month if necessary). If the reasons for refusal are not resolved by written opinions or amendments, a hearing will be held with the examiner, and if a final decision of refusal is made, it is possible to file an appeal (equivalent to a request for review to a higher government office or court) within three months of the notification.
A major feature of the new Bangladesh law is the introduction of Application publication and opposition system. After filing, the Director General of the DPDT is supposed to publish the design application in the official gazette (electronic gazette) or on the Office's website after passing certain formality checks. Publication is done relatively quickly after filing (legally within a prescribed period, but as a guide, within 1 to 2 months after acceptance), and 30 days after publication is the Opposition period. A third party can raise an objection to the application during this period, and can argue that the design is not new or original, or that the applicant is not the genuine right holder. If an objection is filed, DPDT will send a copy of it to the applicant, and the applicant will submit a counter statement within the prescribed period. A trial will be held based on the arguments and evidence of both parties, and if the objection is accepted, the application will be refused; if the objection is dismissed or 30 days have passed without any objection, the application will beDecision of Registration.
For designs whose registration is approved after the opposition period, the design registration will be registered in the Official Gazette by DPDT and a registration certificate will be issued. The registration date becomes effective retroactively to the filing date, and registered matters are recorded in the Register of Designs. Previously, the average examination period in Bangladesh was about nine months from application to issuance of a registration certificate. Although there is an impact from increased procedures (disclosure and objection procedures) due to the enforcement of the new law, DPDT's Citizen Charter states that the standard processing period is approximately 290 business days (approximately 12 to 13 months). In practice, it can take anywhere from several months to over a year to complete registration, depending on the case.
In the old Bangladesh system, there was no system for prior publication of applications, and there was a secret design system (a system in which designs are kept private for a certain period of time after registration). The new law requires disclosure at the application stage, so it appears that the previous secret design system has been abolished. On the other hand, the partial design system (a system in which design rights are sought for only a part of a product) is not recognized as in the old system (a design is granted for the entire article).
Japan – Japan also uses the substantive examination system, and design registration applications are submitted to the Japan Patent Office. After checking the formal requirements, the matters stated in the application, etc., the examiner will conduct a substantive examination, including a prior design search, to determine whether the requirements such as novelty and ease of creation are met. Japan has no examination request systemfor designs, and is similar to Bangladesh in that examinations are conducted at the same time as the application. Furthermore, in Japan, there is no system in place for publication of applications, such as one year and six months after filing, and only designs that have been approved for registration are disclosed to the public in the publication gazette (design gazette). However, if the applicant wishes, it is possible to delay publication in the gazette and keep it private for up to three years after registration using the Secret Design System (this has the advantage of delaying information disclosure to competitors). There is no opposition system in Japan, and there is a system in place for interested parties to request an invalidation trial after registration (sub-facto opposition/invalidation trial). The examination period varies depending on the design, but recent Japan Patent Office statistics show that the primary examination result (decision of registration or notice of reasons for refusal) is notified in about 6 to 7 months on average. Japan also has an accelerated examination system to speed up the process, and as an example, by submitting photos of the implemented product at the same time as the application, the application can be eligible for accelerated examination (Bangladesh does not have an accelerated examination system). Additionally, in Japan, due to the 2020 revision, it is now possible to include multiple designs in one application (expansion of related designs and the batch application system), but in Bangladesh, in principle, one application is one design. In this way, in terms of examination procedures, Japan's system is to quickly register during the non-disclosure/non-opposition period and respond to it with an ex post facto invalidation trial, whileBangladesh's system is to carefully register through procedures that include disclosure and opposition.
Design right protection period and renewal system
Bangladesh - The duration of a design right (industrial design registration) in Bangladesh is stipulated as 10 years from the filing date (or priority date) under the Industrial Designs Act 2023. Please note that the calculation is retroactive to the filing date, not the registration date. Extensions (renewals) of the term of validity are also permitted, and applications for renewal can be made up to three times in each five-year period. The first renewal can be extended to 15 years, the second to 20 years, and the third to up to25 years, resulting in a maximum of 25 years of protection. Renewal applications must be made by paying the prescribed renewal fee before the expiration of the current term, but there is a statutory grace period (applying within 6 months after expiration, additional fees are required). In addition, under the old law before the revision (Patent and Design Act 1911), the initial registration period was 5 years, and the maximum period thereafter was two renewals in 5-year increments (up to a total of 15 years). The new law extends the initial period and increases the number of renewals (resulting in protection for up to 25 years).
Japan – The duration of design rights in Japan has been significantly extended due to a 2020 law reform, stipulating it as 25 years from the filing date. Before the revision, it was ``20 years from the date of registration,'' but after the revision, from the perspective of international harmonization, it was changed to 25 years based on the filing date. As a result, design rights in Japan have a maximum protection period of 25 years, similar to the European Union and other countries. In Japan, there is no need for intermediate renewal procedures, and rights are continued by paying a maintenance annuity (an annuity equivalent to the annual patent fee). Therefore, the right holder is required to pay the prescribed pension every year up to 25 years after registration. Furthermore, after the expiration of the term, the rights cannot be extended and the design becomes public domain. Both Japan and Bangladesh have a maximum protection period of 25 years, but the difference is that Bangladesh requires renewal applications for each period, while Japan provides comprehensive protection up to the maximum period by paying an annual fee.
Efficacy and enforcement of design rights (response to infringement, injunctions, compensation for damages, etc.)
Bangladesh - The effect of design rights (registered designs) in Bangladesh is that it exclusively prohibits the unauthorized use of designs that are the same as or similar to registered designs for commercial purposes such as manufacturing, selling, importing and exporting. The new law defines design infringement, and the act of applying a design that is identical or confusingly similar to a registered design to a product that is identical or similar to the registered design for business purposes is considered an infringement. In particular, the act of applying the same design as a registered design to the same product, and the act of applying a similar design to a registered product that causes confusion among consumers, are clearly specified.
In the event of infringement, design rights owners can exercise their rights and seek remedies through the following means:
-
Request for injunction (order to stop infringement): A right holder can ask the court for an injunction to stop the infringement. The new law specifies that the court can issue an order to ``prohibit (injunction) from infringing acts'' in a lawsuit for infringement of a design right. If there is a high risk of infringement, the court may issue a provisional/preliminary injunction (provisional disposition), and there are provisions that may order the right holder to provide security or take measures to preserve the infringing product.
-
Claim for damages: The right holder can demand compensation from the infringer for damages suffered due to the infringement. If a court determines that infringement has occurred, the court may order the infringer to pay actual or statutory damages. The new law provides for an order for compensation of at least 1 Lakh Taka (Bangladeshi Taka 100,000, equivalent to approximately 120,000 to 130,000 yen) even in cases where it is difficult to prove the amount of damages, in an effort to raise the level of relief available to right holders.
-
Administrative remedies: A characteristic of Bangladesh is that administrative remedies are available prior to a trial. As a remedy against the infringer, the design right holder can first applyfor administrative compensation (administrative settlement measure) to the Director of DPDT. After hearing the circumstances from the parties involved, the Commissioner can make a finding of infringement and order the payment of a certain amount of compensation. If the infringer does not pay this administrative compensation within the specified period, the right holder will have to file a new formal infringement lawsuit in court. By going through administrative procedures in stages in this way, the system facilitates prompt relief and reconciliation between the parties.
-
Other remedies: In cases of serious infringement, courts also have the power to issue orders such as seizure and destruction of infringing goods. In addition, to prevent repeat offenses, it is also possible to request the infringer to pledge not to engage in any future infringing acts, or to order the confiscation of infringing goods or manufacturing equipment, if necessary.
In Bangladesh, there are currently no regulations that impose criminal penalties for infringement of design rights (there are certain criminal penalty provisions in the Patent Act and Trademark Act). The main focus is on remedies that combine civil injunctions and compensation for damages.
Japan – Design rights in Japan also give the right holder the exclusive right to exclude the unauthorized commercial exploitation (manufacturing, sales, import/export, etc.) of registered designs or similar designs. Japan and Bangladesh have a lot in common in terms of enforcing rights, and the main methods are claiming for injunctions and claiming for damages. In Japan, it is normal to file a civil suit for infringement of a design right and obtain a judgment for an injunction or compensation for damages at a district court (there is a system for transferring the case to the Intellectual Property High Court). If the court recognizes infringement, it may order not only an injunction but also compensation for damages, and in serious cases, it may also order the destruction of the infringing product. Regarding the calculation of damages, in Japan, similar to the patent law, there are three presumption provisions: lost profits, unjust enrichment, and amount equivalent to license fees, reducing the burden of proof on right holders. Additionally, in the 2021 revision, provisions have been strengthened, such as Importing counterfeit products from overseas to be considered infringement and subject to injunctions. Furthermore, in Japan, infringement of design rights is subject to criminal penalties (up to 10 years' imprisonment or a fine of up to 10 million yen, and in the case of corporations, a fine of up to 300 million yen), but this is actually applied in fewer cases compared to trademarks. Problems are mainly resolved through civil measures.
In general, both Japan and Bangladesh provide relief through civil injunctions and compensation for infringement of design rights, but there are differences in that Bangladesh has its own preliminary means of administrative relief, and Japan hasa specialized court system called the Intellectual Property High Court and criminal penalty provisions.
Statistics of number of applications and registrations
The volume of design applications in Bangladesh is not large compared to countries such as Japan, but in recent years around 1,000 new design applications have been filed annually. According to WIPO (World Intellectual Property Organization) statistics, the number of industrial design applications (based on the number of designs) received by Bangladesh in 2022 was 1,001, ranking it 47th in the world. The number of design registrations (number of design rights granted) in the same year was approximately 991. This is a decrease of approximately 18% from the previous year, indicating a temporary fluctuation. The number of design applications has fluctuated in the 2010s, generally ranging from the low hundreds to just over 1,000.For example, in 2016, there were 1,454 design applications (37th out of 142 countries in the world). Although there have been some years where growth has been somewhat sluggish in recent years due to the impact of the coronavirus pandemic, this suggests that interest in industrial design in Bangladesh is increasing in the long term.
Looking at the ratio of domestic applications to foreign applications, in Bangladesh, the majority of applications (90-99%) are from designers/companies residing in the country. Of the 1,001 applications mentioned above in 2022, 999 applications (approximately 99%) were filed by residents of Bangladesh, and only a small number of applications were filed by non-residents (foreigners) (about 2 applications this year). This is thought to be due to the fact that the Bangladesh market is still small for foreign companies, and that the country is not a member of the Hague Agreement and cannot file applications through the international design system. However, depending on the year, there are some applications from foreigners, and there are a certain number of applications from Japanese companies in particular (one year's statistics report that 12 of the foreign applications were from Japan, accounting for about 12% of the total, making up the largest number of applications). However, it can still be said that Bangladesh's design system is operated with a focus on domestic demand.
For reference, compared to Japan's statistics, Japan will have 31,504 design applications (approximately 25,000 registered) in 2022, more than 30 times as many applications as Bangladesh, making it one of the top five application countries in the world. In Japan, in addition to domestic applications, the use of international applications (via the Hague Agreement) is increasing, and applications from foreign companies to the Japan Patent Office account for several percent of the total. As you can see, there is a large difference in application trends between the two countries, but this can be said to reflect the differences in the scale of each industry and the stage of system development.
International application (relationship with the Hague Agreement, handling of foreign applicants)
The Hague Agreement and Bangladesh – The Hague Agreement (Geneva Act), an international registration system for industrial designs, is a convenient system that allows you to seek design protection in multiple countries with a single application, but Bangladesh is currently not a party to the Hague Agreement. Therefore, it is not possible to designate Bangladesh and obtain design rights through an international registration application, and to obtain design protection in Bangladesh, it is necessary to apply directly locally. In recent years, the country has been working to modernize its intellectual property legal system (revising the Patent Act, enacting the Design Act, etc.), and although the possibility of joining the Hague Agreement may be discussed in the future, as of 2025 it has not yet joined. Care must be taken in this regard, as the situation is different from Japan, the United States, and EU countries.
Handling of foreign applicants – In Bangladesh, it is possible for foreign companies and foreign residents to file design applications. However, it is actually necessary to appoint a local representative (local patent attorney or lawyer). Application procedures and communication with DPDT are conducted in English or Bengali, and as it is difficult for foreign companies to do so directly, they are generally entrusted to an agent familiar with Bangladeshi IP practice. In addition, as it is a member of the Paris Convention, it is possible to apply for priority rights, and there are cases in which foreign applicants file an application in Bangladesh within six months based on an earlier application in their home country. In practical terms, when a foreign company applies for a design in Bangladesh, it must prepare the application and drawings through a local agent and submit a notarized and certified power of attorney. Additionally, an affidavit of novelty may be required, which must also be certified by a local notary public.
If a Japanese company wishes to obtain a design right in Bangladesh, it must take the direct application route as described above. While neighboring India and China are members of the Hague Agreement, Bangladesh is not, so when formulating an international filing strategy, it is important to factor in the schedule and costs of arranging a separate application for Bangladesh.
Japan – Japan joined the Hague Agreement Geneva Act in 2015, and it is possible to designate Japan in international registration applications (Hague applications) and to file international applications from Japan. By joining the Hague System at the same time as the United States, the number of countries covered by the Hague System has expanded at once, and Japanese companies can now apply for design protection in multiple countries including Europe, America, and China at once. Currently, applicants based in Japan cannot apply to Bangladesh via The Hague, but if a Bangladeshi applicant wants to protect a design in Japan, since Japan is a member of the Hague, it is possible to file a Hague application via another member country and designate Japan (However, since Bangladesh itself is not a member country, those with domicile or nationality in Bangladesh cannot use the Hague application themselves). Regarding the handling of foreign applicants in Japan, procedures must be carried out by a local agent (patent attorney) in Japan as well, but the advantage of filing in The Hague is that it is possible to designate the application without a local agent.
In summary, Japan is in an environment where it can actively utilize the international design system, while Bangladesh currently requires individual applications for each country, which presents a rather high hurdle for foreign companies.
Competent authorities and practical considerations
Competent authority (intellectual property administrative body) – The Department of Patents, Designs and Trademarks (DPDT) is responsible for design administration in Bangladesh. DPDT is a government agency under the Ministry of Industry that oversees the application and registration of industrial property rights such as patents, designs, and trademarks. In Bangladesh, there are specialized departments for patents, designs, and trademarks, but when it comes to design registration, the Designs department within DPDT handles examination and registration work. DPDT is focusing on modernizing the intellectual property rights system, and is promoting the publication of applications through electronic gazettes and the development of an online application system.
Practical points – The following are the points to keep in mind when applying for a design and obtaining rights in Bangladesh:
-
Language and Format: Application documents can be written in English or Bengali, but in practice it is common practice to submit them in English. Application forms and various forms follow the standard forms provided by DPDT, and include applicant information, design name, product name (specifying the Locarno classification class), etc.
-
Drawings/Photos: Attach drawings or photos representing the design to the application. If it is a three-dimensional object, we usually submit views of the product from all directions (front, back, left and right side, top and bottom, perspective views, etc.). Under the old DPDT guidelines, four sets of photographs were required to be submitted, but under the new law, it is sufficient to submit one set of "photos or drawings of the design." However, if the submitted drawings/photos are unclear, correction instructions may be issued. Unlike Japan, requirements for drawings are not as strict, but it is desirable to prepare high-quality images that sufficiently show the visual characteristics of the finished product.
-
Statement of Novelty: Bangladesh applications require a Statement of Novelty in the margins of the application and figures. For example, briefly explain what is new about the design, such as "the shape of the pattern is novel." This is an important statement that serves as a reference for interpreting the scope of the design right at the time of registration. In Japan, there is no obligation to include such a novelty statement, but in Bangladesh, it is a mandatory requirement.
-
Supporting documents after application submission: If a foreign company is applying, the original Power of Attorney must be submitted. The power of attorney must state the details of the delegation of authority from the applicant (applicant) to the local agent, and must be submitted within one month from the filing date. In principle, notary public authentication is required, but consular authentication is not required (this may depend on the case). Traditional practice also requires that an affidavit of novelty be filed within one month, in which the applicant or designer prepares a document declaring that the design is new. This also requires notarization. If you wish to claim priority, please submit a priority certificate and its English translation (within 3 months of filing).
-
Fees: Design application fees in Bangladesh range from 4,000 to 10,000 taka (approximately 6,000 to 15,000 yen) per application, and vary depending on the number of drawings and the number of classes requested. Registration fees and renewal fees are also required separately, and the renewal fee is approximately 10,000 taka (approximately 15,000 yen) every five years. Although the fee level is lower than in Japan, please be aware that agent fees will be added for foreign companies.
-
Appointment of agent: As mentioned above, applications from foreign countries must go through a local agent. Bangladesh has law firms and patent agents who are knowledgeable about intellectual property, so Japanese companies should select an appropriate agent based on information from JETRO or the local chamber of commerce. Another option is to have a Japanese patent attorney corporation introduce you to a local agent affiliated with them.
-
Follow-up after examination/registration: After filing, communications from DPDT (amendment orders, registration notices, etc.) will be sent to the agent. You can ask your agent to manage deadlines for responding to orders, etc., but if you are unable to contact them for a long period of time, it is a good idea to ask your agent to check on the situation. The registration certificate is issued in paper form, so please obtain it through your agent and keep it in a safe place. It is also important to manage the renewal deadline every 5 years after registration (late renewal is possible within 6 months after the expiration of the deadline).
-
Notes on exercising rights: When exercising rights in Bangladesh, the first issue is gathering evidence of infringement. Since it may take time to secure evidence and proceed with provisional disposition locally, the use of an investigation company may be considered if necessary. Additionally, in the event of a dispute, we will work with local lawyers and, if necessary, file a civil lawsuit. Although there is an administrative relief system (mentioned above), in order to increase its effectiveness, it is best to ultimately obtain a court injunction.
As mentioned above, design practice in Bangladesh has many rules and procedural requirements that are different from those in Japan. Proceeding with the Japanese approach may lead to unexpected deficiencies, so it is important to proceed with the advice of experts who are familiar with the local system.
System comparison with Japan
Finally, we present a comparison table summarizing the major differences between the design systems of Bangladesh and Japan (as of 2025).
| Item | Bangladesh (Industrial Design Act, 2023) | Japan (Design Law) |
|---|---|---|
| Competent authority | Department of Patents, Designs and Trademarks (DPDT) (under the Ministry of Industry) | Patent Office (under the jurisdiction of the Ministry of Economy, Trade and Industry) |
| Basic laws | Industrial Design Act 2023 (formerly: Patent Design Act 1911) | Design Law (enacted in 1950, amended from time to time) |
| Registration requirements | Novelty (new to the world), distinctiveness (originality), industrial suitability, etc. *There are some exceptions within 6 months (opening to exhibitions, etc.) | Novelty (new to the world), ease of creation, industrial applicability, etc. *Exception is for self-disclosure within one year (procedures required) |
| Examination method | Substantive examination required (no request for examination required). After formality examination, the examiner conducts a prior design search. | Substantive examination required (no request for examination required). The examiner conducts a prior design search. |
| Application publication/objection | Published in the official gazette or on the web as soon as possible after filing. 30-day appeal period. No objection/Registered after resolution. | There is no application publication system (examination remains private). Published in the design gazette at the time of registration. No opposition system (handled by invalidation trial after registration). |
| Partial design system | None (only protects the entire item) | Yes (some designs can also be protected, revised in 2019) |
| Secret design system | None (under the old system, it could be kept private for 2 years after registration) | Yes (publication can be postponed for up to 3 years after registration) |
| Protection period/renewal | 10 years from the application date + 5 years x 3 renewals = Maximum of 25 years (Renewal application/renewal fee every 5 years) | 25 years from the filing date (annual registration fee paid annually) |
| Access to the Hague Agreement | Not a member (International design applications are not allowed) | Affiliation (Joined in 2015. Application possible via The Hague) |
| Application for foreigners | Application by a local agent is required. Priority claim possible (6 months). The applicant's nationality does not matter. | Local agent (patent attorney) required. Priority claim possible (6 months). Hague Agreement available. |
| Until registration certificate issuance | Average 9 to 12 months | Average 6 to 12 months (accelerated examination system available) |
| Relief after registration | Administrative relief (petition to DPDT Director) → Trial in case of non-performance. Civil litigation (injunction/damages). No criminal penalty provisions. | Civil litigation (includes injunction, damages, and treble compensation provisions). Customs injunction system. There are criminal penalties (up to 10 years in prison, etc.). |
From the above comparison, it can be seen that although the basic framework of Bangladesh's design system is similar to Japan's, it has developed uniquely, including a closed system design due to its non-membership in international treaties, and the introduction of disclosure and opposition procedures. When Japanese companies seek to protect their designs in Bangladesh, they are required to understand these system differences and respond appropriately.
References/Information sources: Bangladesh Industrial Design Act 2023 in English, Bangladesh Patent, Design and Trademark Department (DPDT) public information, WIPO statistical data, JETRO Bangladesh investment environment materials, Japan Patent Office/JPAA public information, etc. (Each source is indicated with [†] in the text).
AUTHOR
Takefumi SUGIURA （杉浦 健文）
EVORIX Intellectual Property Law Firm Managing Patent Attorney
Supports clients across IT, manufacturing, startups, fashion, and medical industries, covering patent, trademark, design, and copyright filings through trials and infringement litigation. Specialized in IP strategy for AI, IoT, Web3, and FinTech. Member of the Japan Patent Attorneys Association (JPAA), Asian Patent Attorneys Association (APAA), and Japan Trademark Association (JTA).
.jpg?height=200&name=unnamed%20(52).jpg)