Industrial Design Regulations (SOR/99-460)

Regulations are current to 2016-05-12 and last amended on 2014-09-26. Previous Versions

Industrial Design Regulations

SOR/99-460

INDUSTRIAL DESIGN ACT

Registration 1999-12-02

Industrial Design Regulations

P.C. 1999-2135  1999-12-02

Her Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to section 25Footnote a of the Industrial Design Act, hereby makes the annexed Industrial Design Regulations.

Interpretation

 The definitions in this section apply in these Regulations.

Act

Act means the Industrial Design Act. (Loi)

agent

agent means a person or firm appointed by an applicant to act on their behalf for the purposes of these Regulations. (mandataire)

applicant

applicant means a person who is named as the proprietor of a design in an application or the person to whom a design has been assigned while the application is pending. (demandeur)

application

application means, except as otherwise provided in these Regulations, an application for the registration of a design filed under section 4 of the Act. (demande)

Commissioner

Commissioner means the Commissioner of Patents. (commissaire)

Office

Office means the industrial design section of the Office of the Commissioner of Patents. (Bureau)

registered proprietor

registered proprietor means, in respect of an industrial design, the person whose name appears in the Register of Industrial Designs as the proprietor of the industrial design. (propriétaire inscrit)

representative for service

representative for service means a person or firm in Canada who is appointed by an applicant or registered proprietor to receive any notice or on whom documents are to be served on behalf of the applicant or registered proprietor for the purposes of these Regulations. (représentant aux fins de signification)

Filing of Applications

 An application under subsection 4(1) of the Act must be filed with the Minister by delivering it to the Office or to an establishment referred to in subsection 3(4).

Correspondence

  •  (1) Correspondence intended for the Commissioner or the Office must be addressed to the Commissioner.

  • (2) Correspondence addressed to the Commissioner may be physically delivered to the Office during ordinary business hours of the Office and must be considered to be received by the Commissioner on the day of the delivery.

  • (3) For the purposes of subsection (2), where correspondence addressed to the Commissioner is physically delivered to the Office outside of its ordinary business hours, it must be considered to have been delivered to the Office during ordinary business hours on the day when the Office is next open for business.

  • (4) Correspondence addressed to the Commissioner may be physically delivered to an establishment that is designated by the Commissioner in the Canadian Patent Office Record as an establishment to which correspondence addressed to the Commissioner may be delivered, during ordinary business hours of that establishment, and

    • (a) where the delivery is made to the establishment on a day that the Office is open for business, the correspondence must be considered to be received by the Commissioner on that day; and

    • (b) where the delivery is made to the establishment on a day that the Office is closed for business, the correspondence must be considered to be received by the Commissioner on the day when the Office is next open for business.

  • (5) For the purposes of subsection (4), where correspondence addressed to the Commissioner is physically delivered to an establishment outside of the ordinary business hours of the establishment, it must be considered to have been delivered to that establishment during ordinary business hours on the day when the establishment is next open for business.

  • (6) Correspondence addressed to the Commissioner may be sent at any time by electronic or other means of transmission specified by the Commissioner in the Canadian Patent Office Record.

  • (7) For the purposes of subsection (6), where, according to the local time of the place where the Office is located, the correspondence is delivered on a day when the Office is open for business, it must be considered to be received by the Commissioner on that day.

  • (8) For the purposes of subsection (6), where, according to the local time of the place where the Office is located, the correspondence is delivered on a day when the Office is closed for business, it must be considered to be received by the Commissioner on the day when the Office is next open for business.

  •  (1) Subject to subsection (2), correspondence addressed to the Commissioner in relation to an application or a registered design must be restricted to one application or one registered design, as the case may be.

  • (2) Subsection (1) does not apply to correspondence that relates to

    • (a) an assignment or a licence affecting more than one application or more than one registered design, or affecting one or more applications and one or more registered designs;

    • (b) a change in the name or address of a registered proprietor of more than one registered design;

    • (c) a change in the name or address of an applicant of more than one application;

    • (d) a change in the name or address of the representative for service or the agent of a registered proprietor of more than one registered design;

    • (e) a change in the name or address of the representative for service or the agent of an applicant of more than one application;

    • (f) a request to have two or more designs registered on the same date; or

    • (g) an initial application and the filing of a separate application referred to in subsection 10(3).

 Any address that is required to be furnished under the Act or these Regulations must be a complete mailing address and include the street name and number and the postal code when they exist.

  •  (1) Correspondence that relates to an application must include

    • (a) the application number, if one has been assigned; and

    • (b) the name of the applicant.

    • (c) [Repealed, SOR/2008-268, s. 1]

  • (2) Correspondence that relates to a registered design must include

    • (a) the registration number of the design; and

    • (b) the name of the registered proprietor.

    • (c) [Repealed, SOR/2008-268, s. 1]

  • SOR/2008-268, s. 1.
  •  (1) Subject to subsection (2), the Commissioner must conduct correspondence that relates to an application with

    • (a) the applicant, if there is only one applicant; or

    • (b) if there is more than one applicant,

      • (i) the applicant authorized by the other applicant or applicants to act on their behalf, or

      • (ii) the first applicant named in the application, if no applicant has been authorized in accordance with subparagraph (i).

  • (2) The Commissioner must conduct correspondence that relates to an application with an agent if their agency has not been revoked and the agent is named

    • (a) in the application; or

    • (b) in a notice under section 14.

  •  (1) Subject to subsection (2) and section 14, the Commissioner may not consider any correspondence in relation to an application from anyone other than the persons with whom correspondence may be conducted in accordance with section 7.

  • (2) Any correspondence made to the Commissioner with the stated or apparent intention of protesting against the registration of an industrial design must be acknowledged, but no information shall be given as to the action taken.

Applications

  •  (1) An application filed under section 2 must be made in the form set out in Schedule 1 and must include payment of the applicable fee set out in column 2 of item 1 of Schedule 2.

  • (2) An application must include the following information and documents in addition to the declaration mentioned in paragraph 4(1)(b) of the Act:

    • (a) the name and address of the applicant and, if an agent is named, the name and address of the agent;

    • (b) a title identifying the finished article or set in respect of which the registration of the design is requested;

    • (c) for the purpose of paragraph 4(1)(a) of the Act, a description that identifies the features that constitute the design;

    • (d) a drawing or photograph in accordance with section 9.1; and

    • (e) if the applicant has no place of business in Canada, the name and address of a representative for service.

  • SOR/2008-268, s. 2.
 
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