Industrial Design Regulations (SOR/99-460)

Regulations are current to 2017-10-13 and last amended on 2014-09-26. Previous Versions

  •  (1) Drawings must have margins of at least 2.5 cm.

  • (2) All views on a drawing or photograph must

    • (a) be of sufficient quality to permit the features of the design to be identified clearly and accurately;

    • (b) clearly and accurately show the article to which the design is applied; and

    • (c) show the article in isolation.

  • (3) However, in the case of an application containing more than one view, a single view on a single drawing may show environment that is not part of the article to which the design is applied if that environment helps to make clear what the article is or what the features of the design are.

  • (4) Drawings must show

    • (a) the design in well-defined solid lines;

    • (b) portions of the article that do not form part of the design either wholly in well-defined solid lines or wholly in well-defined stippled lines; and

    • (c) the environment, if any, in well-defined stippled lines.

  • (5) For the purposes of subsection (4), stippled lines means broken lines formed by

    • (a) evenly spaced short dashes;

    • (b) evenly spaced dots; or

    • (c) evenly spaced and alternating short dashes and dots.

  • SOR/2008-268, s. 3.
  •  (1) An application must relate to one design applied to a single article or set, or to variants.

  • (2) If an application does not comply with subsection (1), the applicant or their agent must limit the application to one design applied to a single article or set, or to variants.

  • (3) Any other design disclosed in the application referred to in subsection (2) may be made the subject of a separate application, if it is accompanied by the applicable fees set out in column 2 of item 1 of Schedule 2.

Filing Date

  •  (1) Subject to section 29 of the Act, the filing date of an application is the date on which the Office receives the information required by paragraphs 9(2)(a), (b) and (c) and a drawing or photograph of the design.

  • (2) A separate application referred to in subsection 10(3) has the same filing date as the initial application if it is filed

    • (a) before the design in the initial application is registered; and

    • (b) where an initial application has been abandoned, before the expiry of the period set out in section 17 for reinstating of the initial application.

Documents and Materials

  •  (1) All documents filed with the Minister must be clear and legible and be presented so as to permit direct reproduction in black and white.

  • (2) Documents filed in paper form must be printed

    • (a) on one side only;

    • (b) on white paper, except for photographs; and

    • (c) on paper that measures between 20 cm and 22 cm in width and between 25 cm and 36 cm in length.

  • (3) [Repealed, SOR/2014-225, s. 1]

  • SOR/2008-268, s. 4;
  • SOR/2014-225, s. 1.
  •  (1) The Minister shall refuse any document submitted to the Minister that is not in the English or French language unless the applicant submits to the Minister a translation of the document into one of those languages.

  • (2) The text of an application shall be wholly in English or wholly in French.

  • SOR/2008-268, s. 4.

Agents

  •  (1) Subject to subsection (2), the Commissioner may not recognize a person or firm as an agent unless the applicant, or the person or firm acting as the agent, delivers to the Commissioner a written notice signed by the applicant that states that the person or firm is the agent.

  • (2) Subsection (1) does not apply if the agent communicating with the Commissioner has been named in the application.

  • (3) If the Commissioner receives correspondence from a person or firm who claims to be an agent but in respect of whom no written notice has been given under subsection (1) and who has not been named as the agent in the application, the Commissioner must notify the person or firm in writing that the person or firm has 60 days from the date of issuance of the notification to file a written notice signed by the applicant that states that the person or firm is the agent.

  • (4) If the person or firm delivers the written notice to the Commissioner within the 60 days, the Commissioner must consider the correspondence to have been filed on the date that it was initially filed.

  • (5) If the written notice is not received within the 60 days, the Commissioner must remove the correspondence from the file and consider it not to have been filed.

  • (6) The appointment of an agent may be revoked by the applicant or the agent by submitting to the Commissioner a notice of revocation signed by the applicant or the agent.

Representative for Service

 A notice of a proceeding relating to an application or registered design that is sent to, or served on, a representative for service has the same effect as if it were sent to, or served on, the applicant or the registered proprietor.

Amendment of Application

  •  (1) Subject to subsection (2), an applicant may request an amendment to an application at any time before the registration of a design by submitting information and material in support of the amendment to the Commissioner.

  • (2) The Commissioner may not accept an amendment to an application that would substantially alter the design to which the application relates.

Reinstatement of Application

 A request under subsection 5(4) of the Act for the reinstatement of an application must be made within six months after the date on which the application was considered abandoned under subsection 5(3) of the Act.

Maintenance of Exclusive Right

  •  (1) The registered proprietor must, before the expiry of the five-year period beginning on the date of the registration of the design, pay the fee set out in column 2 of item 2 of Schedule 2 to maintain an exclusive right conferred by the registration of the design.

  • (2) If the registered proprietor does not comply with subsection (1), the registered proprietor may, on request to the Commissioner, maintain the exclusive right conferred by the registration of the design if the registered proprietor

    • (a) makes the request within six months after the expiry of the five-year period beginning on the date of the registration of the design; and

    • (b) pays the fees set out in column 2 of items 2 and 3 of Schedule 2.

Assignments

 An assignment or licence granting an interest in a design that is presented to be recorded against the design under section 13 of the Act must be accompanied by the applicable fees set out in column 2 of item 4 of Schedule 2 and by evidence that establishes that the person in whose name the interest is to be recorded is the assignee or licensee, which evidence may include an affidavit or a copy of a document effecting the assignment or licence.

Priority

  •  (1) A request for priority filed within the six months specified in subsection 29(1) of the Act must be made in writing and indicate the date the application for registration of the design was first filed in or for the foreign country, the name of the country and the number assigned by that country to the application.

  • (2) If, at any time before the registration of the design for which priority is sought, an application is made for a design that is identical to or so closely resembles the design as to be confounded with it, the Commissioner must so advise in writing the applicant who is requesting priority and request that the applicant provide the following documents

    • (a) a certified copy of the foreign application on which the request is based; and

    • (b) a certificate from the office in which the application referred to in paragraph (a) was filed showing the date of its filing therein.

  • (3) The request for priority is suspended until the certified copy and the certificate have been filed.

Fees

 The fees prescribed for a service described in column 1 of an item of Schedule 2 provided by the Office are the fees set out in column 2 of that item and are payable to the Receiver General of Canada.

Amendments to the Industrial Design Rules

 [Amendments]

 
Date modified: