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

Marginal note:Using design without licence

• 11 (1) During the existence of an exclusive right, no person shall, without the licence of the proprietor of the design,

  • (a) make, import for the purpose of trade or business, or sell, rent, or offer or expose for sale or rent, any article in respect of which the design is registered and to which the design or a design not differing substantially therefrom has been applied; or

  • (b) do, in relation to a kit, anything specified in paragraph (a) that would constitute an infringement if done in relation to an article assembled from the kit.

• Marginal note:Substantial differences

  (2) For the purposes of subsection (1), in considering whether differences are substantial, the extent to which the registered design differs from any previously published design may be taken into account.