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

Procedure as to Rectification and Alteration

Marginal note:Federal Court may rectify entries

• 22 (1) The Federal Court may, on the information of the Attorney General or at the suit of any person aggrieved by any omission without sufficient cause to make any entry in the Register of Industrial Designs, or by any entry made without sufficient cause in the Register, make such order for making, expunging or varying any entry in the Register as the Court thinks fit, or the Court may refuse the application.

• Marginal note:Costs

  (2) In either case, the Federal Court may make such order with respect to the costs of the proceedings as the Court thinks fit.

• Marginal note:Questions to be decided

  (3) The Federal Court may in any proceedings under this section decide any question that may be necessary or expedient to decide for the rectification of the Register.

• Marginal note:Jurisdiction

  (4) The Federal Court has exclusive jurisdiction to hear and determine proceedings under this section.

Marginal note:Application to alter design

• 23 (1) The registered proprietor of any registered industrial design may apply to the Federal Court for leave to add to or alter any industrial design in any particular not being an essential particular, and the Court may refuse or grant leave on such terms as it may think fit.

• Marginal note:Notice to Minister

  (2) Notice of any intended application to the Federal Court under this section for leave to add to or alter any industrial design shall be given to the Minister, and the Minister is entitled to be heard on the application.

Marginal note:Consequent rectification of register

24 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.

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.

• Marginal note:Definition of electronic

  (3) In this section, electronic, in reference to a form or means, includes optical, magnetic and other similar forms or means.

Regulations

Marginal note:Regulations

25 The Governor in Council may make regulations

• (a) governing titles of designs;

• (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;

• (d) respecting the return of any fees paid under this Act;

• (d.1) authorizing the Minister to waive, subject to any prescribed terms and conditions, the payment of a fee if the Minister is satisfied that the circumstances justify it;

• (e) respecting the registration of sets and of variants of a design;

• (e.1) respecting the correction of obvious errors in documents submitted to the Minister or the Commissioner of Patents, including

  • (i) the determination of what constitutes an obvious error, and

  • (ii) the effect of the correction;

• (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 designs 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

• (h) prescribing anything else that is to be prescribed under this Act and generally for carrying out the purposes and provisions of this Act.

26 to 28 [Repealed, 1993, c. 15, s. 23]

Transitional Provisions

Marginal note: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.

29.1 [Repealed, 2014, c. 39, s. 112]

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, 13 and 20; 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, 13 and 20; and

• (b) sections 3, 3.1, 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.