Industrial Design Act (R.S.C., 1985, c. I-9)

Act current to 2016-09-18

Industrial Design Act

R.S.C., 1985, c. I-9

An Act respecting industrial designs

Short Title

Marginal note:Short title

 This Act may be cited as the Industrial Design Act.

  • R.S., c. I-8, s. 1.

Interpretation

Marginal note:Definitions

 In this Act,

article

objet

article means any thing that is made by hand, tool or machine; (objet)

design or industrial design

dessin

design or industrial design means features of shape, configuration, pattern or ornament and any combination of those features that, in a finished article, appeal to and are judged solely by the eye; (dessin)

kit

prêt-à-monter

kit means a complete or substantially complete number of parts that can be assembled to construct a finished article; (prêt-à-monter)

Minister

ministre

Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act; (ministre)

prescribed

Version anglaise seulement

prescribed means prescribed by the regulations and, in relation to fees, includes determined in the manner prescribed by the regulations; (Version anglaise seulement)

set

ensemble

set means a number of articles of the same general character ordinarily on sale together or intended to be used together, to each of which the same design or variants thereof are applied; (ensemble)

useful article

objet utilitaire

useful article means an article that has a utilitarian function and includes a model of any such article; (objet utilitaire)

utilitarian function

fonction utilitaire

utilitarian function, in respect of an article, means a function other than merely serving as a substrate or carrier for artistic or literary matter; (fonction utilitaire)

variants

variantes

variants means designs applied to the same article or set and not differing substantially from one another. (variantes)

  • R.S., 1985, c. I-9, s. 2;
  • R.S., 1985, c. 10 (4th Supp.), s. 20;
  • 1993, c. 15, s. 12(E), c. 44, s. 161.

PART IIndustrial Designs

Registration

Marginal note:Register

 The Minister shall cause to be kept a register called the Register of Industrial Designs for the registration therein of industrial designs.

  • R.S., 1985, c. I-9, s. 3;
  • 1992, c. 1, s. 79.
Marginal note:Application to register design
  •  (1) The proprietor of a design, whether the first proprietor or a subsequent proprietor, may apply to register the design by paying the prescribed fees and filing an application with the Minister in the prescribed form including

    • (a) a drawing or photograph of the design and a description of the design;

    • (b) a declaration that the design was not, to the proprietor’s knowledge, in use by any person other than the first proprietor at the time the design was adopted by the first proprietor; and

    • (c) any prescribed information.

  • Marginal note:Substituted applicants

    (2) The application shall, subject to any prescribed terms and conditions, be considered to have been filed by a person other than the person who filed it if, before the design is registered, it is established to the satisfaction of the Minister that the other person was the proprietor when the application was filed.

  • R.S., 1985, c. I-9, s. 4;
  • 1992, c. 1, s. 79;
  • 1993, c. 15, s. 13.
Marginal note:Examination prior to registration
  •  (1) The Minister shall examine each application for the registration of a design to ascertain whether the design meets the requirements of this Act for registration.

  • Marginal note:Report of objections

    (2) Where the Minister finds that a design does not meet the requirements for registration, the Minister shall send the applicant a report setting out the objections to registration and specifying a period for reply.

  • Marginal note:Abandonment of application

    (3) If the applicant does not reply in good faith to the objections within the specified period, the application shall be considered abandoned.

  • Marginal note:Reinstatement of application

    (4) An application that is considered abandoned shall be reinstated if the applicant, within the prescribed period,

    • (a) makes a request for reinstatement;

    • (b) replies in good faith to the objections to registration; and

    • (c) pays the fees prescribed for reinstatement.

  • R.S., 1985, c. I-9, s. 5;
  • 1992, c. 1, s. 143(E);
  • 1993, c. 15, s. 13.
Marginal note:Restriction on protection

 No protection afforded by this Act shall extend to

  • (a) features applied to a useful article that are dictated solely by a utilitarian function of the article; or

  • (b) any method or principle of manufacture or construction.

  • R.S., 1985, c. 10 (4th Supp.), s. 21.
Marginal note:Registration of design
  •  (1) The Minister shall register the design if the Minister finds that it is not identical with or does not so closely resemble any other design already registered as to be confounded therewith, and shall return to the proprietor thereof the drawing or photograph and description with the certificate required by this Part.

  • Marginal note:Exception

    (2) The Minister may refuse, subject to appeal to the Governor in Council, to register such designs as do not appear to the Minister to be within the provisions of this Part or any design that is contrary to public morality or order.

  • Marginal note:Exception for late applications

    (3) The Minister shall refuse to register the design if the application for registration is filed in Canada

    • (a) more than one year after the publication of the design in Canada or elsewhere, in the case of an application filed in Canada on or after the day on which this subsection comes into force; or

    • (b) more than one year after the publication of the design in Canada, in the case of an application filed in Canada before the day on which this subsection comes into force.

  • Marginal note:Non-application of section 29

    (4) For the purposes of subsection (3), section 29 does not apply in determining when an application for registration is filed.

  • R.S., 1985, c. I-9, s. 6;
  • 1992, c. 1, s. 80;
  • 1993, c. 15, s. 14, c. 44, s. 162.
Marginal note:Certificate of registration
  •  (1) A certificate shall be signed by the Minister, the Commissioner of Patents or an officer, clerk or employee of the Commissioner’s office and shall state that the design has been registered in accordance with this Act.

  • Marginal note:Particulars thereof

    (2) The certificate referred to in subsection (1) shall show the date of registration, the name and address of the proprietor and the registration number.

  • Marginal note:Certificate to be evidence of contents

    (3) The certificate, in the absence of proof to the contrary, is sufficient evidence of the design, of the originality of the design, of the name of the proprietor, of the person named as proprietor being proprietor, of the commencement and term of registration, and of compliance with this Act.

  • Marginal note:No proof of signature required

    (4) A certificate appearing to be issued under this section is admissible in evidence in all courts without proof of the signature or official character of the person appearing to have signed it.

  • R.S., 1985, c. I-9, s. 7;
  • 1992, c. 1, ss. 81, 143(E);
  • 1993, c. 15, s. 15.
 
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