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

Act current to 2014-11-25

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.