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

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Act current to 2018-07-05

Marginal note:Application to alter design
  •  (1) The registered proprietor of any registered industrial design may apply to the Federal Court for leave to add to or alter any industrial design in any particular not being an essential particular, and the Court may refuse or grant leave on such terms as it may think fit.

  • Marginal note:Notice to Minister

    (2) Notice of any intended application to the Federal Court under this section for leave to add to or alter any industrial design shall be given to the Minister, and the Minister is entitled to be heard on the application.

  • R.S., c. I-8, s. 23;
  • R.S., c. 10(2nd Supp.), s. 64.
Marginal note:Consequent rectification of register

 A certified copy of any order of the Federal Court for the making, expunging or varying of any entry in the Register of Industrial Designs, or for adding to or altering any registered industrial design, shall be transmitted to the Minister by an officer of the Registry of the Court, and the Register shall thereupon be rectified or altered in conformity with the order, or the purport of the order otherwise duly entered therein, as the case may be.

  • R.S., c. I-8, s. 24;
  • R.S., c. 10(2nd Supp.), s. 65.

Regulations

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) governing titles of designs;

  • (b) respecting the form and contents of applications for registration of designs;

  • (c) prescribing fees, or the manner of determining fees, to be paid for anything required or authorized to be done in the administration of this Act;

  • (d) respecting the return of any fees paid under this Act;

  • (e) respecting the registration of sets and of variants of a design;

  • (f) respecting the making of requests for priority under section 29, including the information and documents that must be filed in support of a request and the period within which a request must be made and the information and documents must be filed;

  • (g) governing the determination of the priority of applications under section 29 and generally governing the application of that section; and

  • (h) prescribing anything else that is to be prescribed under this Act and generally for carrying out the purposes and provisions of this Act.

  • R.S., 1985, c. I-9, s. 25;
  • 1993, c. 15, s. 23, c. 44, s. 170.

 [Repealed, 1993, c. 15, s. 23]

Priority

Marginal note:Application filed in another country
  •  (1) Subject to the regulations, an application for the registration of an industrial design filed in Canada by any person who has, or whose predecessor in title has, previously regularly filed an application for the registration of the same industrial design in or for a foreign country has the same force and effect as the same application would have if filed in Canada on the date on which the application for the registration of the same industrial design was first filed in or for that foreign country, if

    • (a) the application in Canada is filed within six months from the earliest date on which the foreign application was filed; and

    • (b) the person requests priority in respect of the application filed in Canada in accordance with the regulations and complies with any other prescribed requirements.

  • Marginal note:Definitions

    (2) In this section,

    foreign country

    pays étranger

    foreign country

    • (a) means a country that by treaty, convention or law affords a privilege to citizens of Canada that is similar to the privilege afforded by subsection (1) with respect to the effective date of an application for the registration of an industrial design, and

    • (b) includes a WTO Member; (pays étranger)

    WTO Agreement

    Accord sur l’OMC

    WTO Agreement has the meaning given to the word "Agreement" by subsection 2(1) of the World Trade Organization Agreement Implementation Act; (Accord sur l’OMC)

    WTO Member

    membre de l’OMC

    WTO Member means a Member of the World Trade Organization established by Article I of the WTO Agreement. (membre de l’OMC)

  • R.S., 1985, c. I-9, s. 29;
  • 1993, c. 44, s. 171;
  • 1994, c. 47, s. 118.

Transitional Provisions

Marginal note:Renewal of rights
  •  (1) Section 10, as it read immediately before the day on which this section came into force, applies in respect of an exclusive right acquired before that day.

  • Marginal note:Non-application of defence provision

    (2) Subsection 17(1) does not apply in respect of a design registered on the basis of an application filed before this section comes into force if, after the registration, the name of the proprietor of the design appears on the article to which the design applies by being marked, if the manufacture is a woven fabric, on one end of it, together with the letters "Rd." or "Enr." or both "Rd." and "Enr.", and, if the manufacture is of any other substance, with the letters "Rd." or "Enr." or both "Rd." and "Enr." and the year of registration at the edge of it or on any other convenient part.

  • Marginal note:Method of marking

    (3) For the purposes of subsection (2), the mark may be put on the manufacture by marking it on the material itself or by attaching to it a label with the proper marks on it.

  • 1993, c. 44, s. 172.

Transitional Provisions

Marginal note:Prior applications
  •  (1) Subject to subsection (3), an application for the registration of a design filed before this section came into force shall be dealt with and disposed of in accordance with the provisions of this Act as it read immediately after this section came into force.

  • Marginal note:Registrations

    (2) Subject to subsections (3) to (6), any matter arising after this section came into force in respect of a design registered on the basis of an application filed before it came into force shall be dealt with and disposed of in accordance with the provisions of this Act as it reads when the matter arises.

  • Marginal note:Application requirements

    (3) An application for the registration of a design shall be considered to have been made in accordance with section 4 as it read immediately after this section came into force if the application was made before this section came into force

    • (a) by the proprietor of the design, whether the first proprietor or a subsequent proprietor; and

    • (b) in accordance with section 4 as it read at the time the application was made.

  • Marginal note:Renewal of rights

    (4) Subsection 10(2), as it read immediately before this section came into force, applies in respect of an exclusive right for which the term expires more than three months before this section came into force.

  • Marginal note:Non-application of defence provision

    (5) Subsection 17(1) does not apply in respect of a design registered on the basis of an application filed before this section came into force if, after the registration, the name of the proprietor of the design appears on the article to which the design applies by being marked, if the manufacture is a woven fabric, on one end of it, together with the letters "Rd.", "Enr." or both "Rd." and "Enr.", and, if the manufacture is of any other substance, with the letters "Rd.", "Enr." or both "Rd." and "Enr." and the year of registration at the edge of it or on any other convenient part.

  • Marginal note:Method of marking

    (6) For the purposes of subsection (5), the mark may be put on the manufacture by making it on the material itself or by attaching to it a label with the proper marks on it.

  • 1993, c. 15, s. 24.
 
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