Economic Action Plan 2014 Act, No. 2 (S.C. 2014, c. 39)
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Assented to 2014-12-16
Marginal note:1993, c. 44, s. 163
106. Subsection 10(1) of the Act is replaced by the following:
Marginal note:Duration of exclusive right
10. (1) Subject to subsection (3), the term limited for the duration of an exclusive right
(a) begins on the later of the date of registration of the design and the prescribed date, referred to in subsection 8.3(1), on which the application for the registration of the design is made available to the public; and
(b) ends on the later of the end of 10 years after the date of registration of the design and the end of 15 years after the filing date of the application.
107. The Act is amended by adding the following after section 11:
Marginal note:Restriction on protection
11.1 No protection afforded by this Act shall extend to features applied to a useful article that are dictated solely by a utilitarian function of the article or to any method or principle of manufacture or construction.
Marginal note:1993, c. 15, s. 19
108. Section 13 of the Act and the heading before it are replaced by the following:
Transfers
Marginal note:Design transferable
13. (1) Every design, whether registered or unregistered, is transferable in whole or in part.
Marginal note:Recording of transfer of application
(2) The Minister shall, subject to the regulations, record the transfer of an application for the registration of a design on the request of the applicant or, on receipt of evidence satisfactory to the Minister of the transfer, on the request of a transferee of the application.
Marginal note:Registration of transfer of design
(3) The Minister shall, subject to the regulations, register the transfer of any registered design on the request of the registered proprietor or, on receipt of evidence satisfactory to the Minister of the transfer, on the request of a transferee of the design.
Marginal note:Transfer void
(4) A transfer of a registered design that has not been registered is void against a subsequent transferee if the transfer to the subsequent transferee has been registered.
Marginal note:Removal of recording or registration
(5) The Minister shall remove the recording or registration of the transfer of an application for the registration of a design or the transfer of a registered design on receipt of evidence satisfactory to the Minister that the transfer should not have been recorded or registered.
Marginal note:Limitation
(6) The Minister is not authorized to remove the registration of a transfer of a registered design for the reason only that the transferor had previously transferred the registered design to another person.
Marginal note:1993, c. 15, s. 22
109. Section 21 of the Act and the heading before it are replaced by the following:
Extension of Time
Marginal note:Time limit deemed extended
21. If a time limit specified under this Act ends on a day on which the Commissioner of Patent’s office is closed for business, that time limit shall be deemed to be extended to the next day on which the office is open for business.
110. The Act is amended by adding the following after section 24:
Electronic Form and Means
Marginal note:Electronic form and means
24.1 (1) Subject to the regulations, any document, information or fee that is submitted to the Minister or the Commissioner of Patents under this Act may be submitted in any electronic form, and by any electronic means, that is specified by the Minister or the Commissioner of Patents.
Marginal note:Collection, storage, etc.
(2) Subject to the regulations, the Minister and the Commissioner of Patents may use electronic means to create, collect, receive, store, transfer, distribute, publish, certify or otherwise deal with documents or information.
Definition of “electronic”
(3) In this section, “electronic”, in reference to a form or means, includes optical, magnetic and other similar forms or means.
Marginal note:1993, c. 44, s. 170
111. (1) Paragraphs 25(b) and (c) of the Act are replaced by the following:
(b) respecting the form and contents of applications for the registration of designs, including
(i) the manner of naming finished articles,
(ii) the manner of identifying features of shape, configuration, pattern or ornament of all or part of a finished article, and
(iii) the manner of identifying that an application relates to only some of the features of shape, configuration, pattern or ornament that, in a finished article, appeal to and are judged solely by the eye, or to only some or all of those features of a part of a finished article;
(b.1) respecting the processing and examination of applications for the registration of designs, including the circumstances in which applications shall be deemed to be abandoned and the circumstances in which they shall be reinstated;
(b.2) respecting the circumstances in which paragraph 8.2(1)(c) does not apply in respect of a design that has been disclosed in an application for the registration of a design that was filed in Canada by a person referred to in subparagraph 8.2(1)(a)(i) or (ii);
(b.3) respecting the withdrawal of an application for the registration of a design and, for the purposes of subsections 8.3(4) and (5), prescribing the date, or the manner of determining the date, on or before which a request for priority or an application for the registration of a design shall be withdrawn;
(c) respecting the payment of fees and the amount of those fees;
Marginal note:1993, c. 44, s. 170
(2) Paragraph 25(d) of the French version of the Act is replaced by the following:
d) régir le remboursement des droits acquittés sous le régime de la présente loi;
Marginal note:1993, c. 44, s. 170
(3) Paragraphs 25(f) and (g) of the Act are replaced by the following:
(f) respecting requests for priority, including
(i) the period within which priority shall be requested,
(ii) the information and documentation that shall be submitted in support of requests for priority,
(iii) the period within which that information and documentation shall be submitted,
(iv) the withdrawal of requests for priority, and
(v) the correction of requests for priority or of information or documentation submitted in support of them and the effect of corrections on the application of section 8.3;
(g) respecting certificates of registration;
(g.1) respecting the recording of documents relating to a design;
(g.2) respecting the recording or registration of transfers of applications for the registration of a design or transfers of registered designs;
(g.3) respecting the provision, including in electronic form and by electronic means, of documents and information to the Minister or the Commissioner of Patents, including the time at which they are deemed to be received by the Minister or the Commissioner of Patents;
(g.4) respecting the use of electronic means for the purposes of subsection 24.1(2);
(g.5) respecting communications between the Minister or the Commissioner of Patents and any other person;
(g.6) for carrying into effect, despite anything in this Act, the Geneva (1999) Act of the Hague Agreement Concerning the International Registration of Industrial Designs, adopted at Geneva on July 2, 1999, including any amendments and revisions made from time to time to which Canada is a party; and
Marginal note:1993, c. 15, s. 24; 1993, c. 44, ss. 171 and 172; 1994, c. 47, s. 118
112. The heading before section 29 and sections 29 to 30 of the Act are replaced by the following:
TRANSITIONAL PROVISIONS
Definition of “coming-into-force date”
29. In sections 30 to 32, “coming-into-force date” means the day on which subsection 104(2) of the Economic Action Plan 2014 Act, No. 2 comes into force.
Marginal note:Prior applications — filing date
30. An application for the registration of a design whose filing date, determined under this Act as it read immediately before the coming-into-force date, is before the coming-into-force date, shall be dealt with and disposed of in accordance with
(a) the provisions of this Act, as they read immediately before the coming-into-force date, other than sections 5 and 13; and
(b) sections 5, 13, 21 and 24.1.
Marginal note:Prior application — no filing date
31. An application for the registration of a design that is filed before the coming-into-force date and that does not, on that date, have a filing date, determined under this Act as it read immediately before the coming-into-force date, shall be deemed never to have been filed.
Marginal note:Registered designs
32. Any matter arising on or after the coming-into-force date, in respect of a design registered before that date or a design registered on or after that date on the basis of an application whose filing date, determined under this Act as it read immediately before the coming-into-force date, is before the coming-into-force date, shall be dealt with and disposed of in accordance with
(a) the provisions of this Act, as they read immediately before the coming-into-force date, other than sections 3 and 13; and
(b) sections 3, 13, 21 and 24.1.
Marginal note:Regulations
33. For greater certainty, a regulation made under section 25 applies to an application referred to in section 30 and to a design referred to in section 32, unless the regulation provides otherwise.
R.S., c. A-1Consequential Amendment to the Access to Information Act
113. Schedule II to the Access to Information Act is amended by adding, in alphabetical order, a reference to
Industrial Design Act
Loi sur les dessins industriels
and a corresponding reference to “subsections 8.3(2) and (5)”.
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