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

Act current to 2014-10-15

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 [Repealed, 1993, c. 15, s. 23]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;

    “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;

    “WTO Member”

    « membre de l’OMC »

    “WTO Member” means a Member of the World Trade Organization established by Article I of the WTO Agreement.

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