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

Marginal note:Defence

• 17 (1) In any proceedings under section 15, a court shall not award a remedy, other than an injunction, if the defendant establishes that, at the time of the act that is the subject of the proceedings, the defendant was not aware, and had no reasonable grounds to suspect, that the design was registered.

• Marginal note:Exception

  (2) Subsection (1) does not apply if the plaintiff establishes that the capital letter "D" in a circle and the name, or the usual abbreviation of the name, of the proprietor of the design were marked on

  • (a) all, or substantially all, of the articles to which the registration pertains and that were distributed in Canada by or with the consent of the proprietor before the act complained of; or

  • (b) the labels or packaging associated with those articles.

• Marginal note:Proprietor

  (3) For the purposes of subsection (2), the proprietor is the proprietor at the time the articles, labels or packaging were marked.