Design Registration in Bangladesh

  DESIGN REGISTRATION IN BANGLADESH

  Design application in Bangladesh can be filed under two categories:
  Ordinary Application: An ordinary design application is filed with the Bangladesh Patent office.
  Convention Application: In a convention application, Priority is claimed from a convention country.

  Requirements of an Industrial design application in Bangladesh

  Name and address of the applicant.
  Representation on the form should have similar four copies of representation. It should show the features of the design by stating different names of the view.
  Each representation made by the applicant should state a brief statement of novelty for which protection is sought.
  The statement of novelty must contain a disclaimer stating that no right is claimed over the use of any word, letters, or number.
  An original copy of the Power of Attorney must be filed within one month of filing the design application in Bangladesh.
  Provision for a Priority Application in Bangladesh.

  Conditions for an Industrial Design registration

  The shape and size of the product must be new and fancy.
  The Design must be original and new at the time of submission of the Application.
  The Design must be visually pleasing.
  The product must be marketable and manufactured.
  The product cannot be against laws or ethics.
  Each representation made by the applicant should state a brief statement of novelty for which the protection is sought.

  Term of Registration of Design in Bangladesh

  The initial term for registration of a Design is 5 years in Bangladesh which is renewable for the next two terms of 5 years each. In total, the term of an Industrial Design is 15 years.

  COPYRIGHT REGISTRATION IN BANGLADESH

  The Copyright Act, 2000 and the Copyright Rules, 2006 provide for Copyright registration in Bangladesh. The owner of the Copyright can make an application to the Registrar. The Copyright after registration is recorded in the Copyright Registry of Bangladesh.

  Steps to register a Copyright in Bangladesh

  The application should be made on form II in triplicate.
  Separate applications are to be submitted for registration of different Copyrights. Each application is to go with the prescribed fee.
  The application must be signed by the applicant or the advocate in whose favour the Power of Attorney has been executed.
  The Registrar after examination then enters the details of the work in the Copyright Registry of Bangladesh. A certificate of registration is then issued to the applicant. If the Registrar refuses to register, the reason for such refusal must be recorded in writing.

  Requirements to register a Copyright

  The photograph of the applicant. 
  Declaration to the effect of usefulness of the copyright.
  Copies of the work.
  Original Power of Attorney with Notary.
  Original Affidavit with Notary.
  If a company: A Memorandum of Association, Trade license, Tax identification certificate.
  Appointment letter (person who did the work for the applicant)

  Who can apply for a Copyright Registration in Bangladesh

  According to Section 56 of the Copyright Act, 2000 the owner may make an application to the Registrar. The Registrar then enters the details of the work in the Copyright Registry of Bangladesh. Following which, a certificate of registration is given to the applicant. The Registrar must record the refusal in writing in case of refusal of registration.

  Term of a Copyright in Bangladesh

  A Copyright is not protected indefinitely. In Bangladesh, Section 24-38 of the Copyright Act, 2000 deal with the term of protection of copyrights. If literary, artistic, musical, or dramatic work, the term of protection is 60 years. From the beginning of the calendar year in which the author dies. For photographic and cinematographic works the term is 60 years.

  Objects of Copyright in Bangladesh

  Section 15 of the Copyright Act defines objects of Copyright in Bangladesh. They are as follows: 
  Literary works 
  Dramatic works
  Musical works
  Artistic works
  Cinematographic films
  Sound recordings
  Includes computer games as well as addresses and speeches.

  Who is the owner of a Copyright in Bangladesh

  he owner of a Copyright in Bangladesh is a person who is the author of the work. But there are exceptions to this general principle, and they are laid down in the Copyright Act of 2000. For example: If a person produces a work for the Government of Bangladesh, then the Government is said to be the first owner.

  Remedies for Copyright infringement in Bangladesh

  If the rights of a Copyright owner are infringed, he can seek remedies. They are described from section 75 to section 97 of the Copyright Act:

Civil remedies:

  The owner of a Copyright in Bangladesh can bring a civil action in which reliefs and damages can be sought.

Criminal remedies:

  The owner of a Copyright in Bangladesh can bring a criminal action. It can lead to imprisonment of the accused or imposition of fines or both.

Administrative remedies:

  A Copyright owner in Bangladesh can seek remedy to ban the infringed copies under section 74 of the Copyright Act.

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