DESIGN

Design is a rapidly growing and increasingly important part of a comprehensive intellectual property strategy for many companies. Rahman IP Solutions is one of a handful of firms with the design law expertise required to protect the visual component of innovations. In Bangladesh Rahman IP Solutions is a design law firm of choice. We have been asked to protect some of the most recognizable, significant designs of our international clients. Our track record in the design rights field speaks for itself.

Rahman IP Solutions has devised and our lawyers are focused on securing enforceable and sustainable design rights prosecution and enforcement strategies for some of the world largest companies in a wide range of industries. Whatever the product, if it has a distinct look and feel, we can help protect it.

At Rahman IP Solutions, our lawyers are focused on securing enforceable and sustainable design rights that further our clients’ business goals in Bangladesh. Our programmes help companies protect their unique product designs, and are tailored to each client’s specific strategic goals and needs. Our design protection programmes also maximize brand strength and provide a strong weapon against knockoffs, as does our expertise in enforcement.

At Rahman IP Solutions, our lawyers are focused on securing enforceable and sustainable design rights that further our clients’ business goals in Bangladesh. Our programmes help companies protect their unique product designs, and are tailored to each client’s specific strategic goals and needs. Our design protection programmes also maximize brand strength and provide a strong weapon against knockoffs, as does our expertise in enforcement.

We offer clients:
• Comprehensive design protection, enforcement, licensing, and acquisition programs
• Creative design patent prosecution strategies for market preservation
• Decisive strategies for avoiding design patent infringement and validity assessments
• Design-around recommendations for entire product lines
• Innovative integration of design rights with trade dress and other IP protection
• Programs especially suited for ornamental product design, UX/UI design, graphical user interfaces, icons and apps

Required Documents:

1. Power of attorney in original. Notarization/legalization is not required. The POA can also be submitted on a later date after filing the application.
2. Notarised affidavit
3. Certified copy of priority document, if priority is claimed. The document can be filed within three months from the date of
filing application in Bangladesh.
4. Representation of the artwork/design.

Bangladesh Regime:

What is an industrial design?

An industrial design is the ornamental or aesthetic aspect of an article. The design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or color.

Industrial designs are applied to a wide variety of products of industry and handicraft: from technical and medical instruments to watches, jewelry, and other luxury items; from housewares and electrical appliances to vehicles and architectural structures; from textile designs to leisure goods.

To be protected under most national laws, an industrial design must appeal to the eye. This means that an industrial design is primarily of an aesthetic nature, and does not protect any technical features of the article to which it is applied.

Why protect industrial designs?

Industrial designs are what make an article attractive and appealing; hence, they add to the commercial value of a product and increase its marketability.

When an industrial design is protected, the owner - the person or entity that has registered the design - is assured an exclusive right against unauthorized copying or imitation of the design by third parties. This helps to ensure a fair return on investment. An effective system of protection also benefits consumers and the public at large, by promoting fair competition and honest trade practices, encouraging creativity, and promoting more aesthetically attractive products.

Protecting industrial designs helps economic development, by encouraging creativity in the industrial and manufacturing sectors, as well as in traditional arts and crafts. They contribute to the expansion of commercial activities and the export of national products.

Industrial designs can be relatively simple and inexpensive to develop and protect. They are reasonably accessible to small and medium-sized enterprises as well as to individual artists and craftsmen, in both industrialized and developing countries.

Specification:

The application that you will file, regardless of whether it is filed as a provisional patent application, a nonprovisional patent application or an international patent application, must fully and clearly describe your invention in the manner. The requirement for an adequate disclosure of the invention in the specification ensures that the public receives something in return for the exclusionary rights that will be granted to the inventor in a patent. In case of claiming priority based on any application filed in any PCT countries the applicant must supply the information of PCT application at the time of filing the national application and submit certified copy of the specification of the foreign patent application within 90 days’ time from the date of filing application in Bangladesh.

How can industrial designs be protected?

In most countries, an industrial design must be registered in order to be protected under industrial design law. As a general rule, to be registrable, the design must be "new" or "original". Different countries have varying definitions of such terms, as well as variations in the registration process itself. Generally, "new" means that no identical or very similar design is known to have existed before. Once a design is registered, a registration certificate is issued. Following that, the term of protection is generally five years, with the possibility of further periods of renewal up to, in most cases, 15 years. In Bangladesh it is for 15 years, registration valid for 5 years and renewable for two terms each for 5 years.

Depending on the particular national law and the kind of design, an industrial design may also be protected as a work of art under copyright law. In some countries, industrial design and copyright protection can exist concurrently. In other countries, they are mutually exclusive: once the owner chooses one kind of protection, he can no longer invoke the other.

Under certain circumstances an industrial design may also be protectable under unfair competition law, although the conditions of protection and the rights and remedies ensured can be significantly different.

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