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

Act current to 2014-10-15

Marginal note:Limitation

 No remedy may be awarded for an act of infringement committed more than three years before the commencement of the action for infringement.

  • R.S., 1985, c. I-9, s. 18;
  • 1993, c. 44, s. 169.

PART IIGENERAL

 [Repealed, 2001, c. 34, s. 52]

Clerical Errors

Marginal note:Correction

 Clerical errors that occur in the drawing up or copying of any instrument under this Act respecting industrial designs shall not be construed as invalidating the instrument, but when discovered, may be corrected under the authority of the Minister.

  • R.S., c. I-8, s. 20.

Inspection

Marginal note:Inspection of registers
  •  (1) Any person may be allowed to inspect the Register of Industrial Designs.

  • Marginal note:Copies

    (2) Any person may obtain copies of registered industrial designs on payment of the prescribed fees.

  • R.S., 1985, c. I-9, s. 21;
  • 1993, c. 15, s. 22.

Procedure as to Rectification and Alteration

Marginal note:Federal Court may rectify entries
  •  (1) The Federal Court may, on the information of the Attorney General or at the suit of any person aggrieved by any omission without sufficient cause to make any entry in the Register of Industrial Designs, or by any entry made without sufficient cause in the Register, make such order for making, expunging or varying any entry in the Register as the Court thinks fit, or the Court may refuse the application.

  • Marginal note:Costs

    (2) In either case, the Federal Court may make such order with respect to the costs of the proceedings as the Court thinks fit.

  • Marginal note:Questions to be decided

    (3) The Federal Court may in any proceedings under this section decide any question that may be necessary or expedient to decide for the rectification of the Register.

  • Marginal note:Jurisdiction

    (4) The Federal Court has exclusive jurisdiction to hear and determine proceedings under this section.

  • R.S., c. I-8, s. 22;
  • R.S., c. 10(2nd Supp.), s. 64.
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.