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Industrial Design Act

Version of section 2 from 2018-11-05 to 2024-10-30:


Marginal note:Definitions

 In this Act,

article

article means any thing that is made by hand, tool or machine; (objet)

Convention

Convention means the Convention of the Union of Paris made on March 20, 1883, including any amendments and revisions made from time to time to which Canada is a party; (Convention)

country of the Union

country of the Union means

  • (a) a country that is a member of the Union for the Protection of Industrial Property constituted under the Convention, or

  • (b) a member of the World Trade Organization as defined in subsection 2(1) of the World Trade Organization Agreement Implementation Act; (pays de l’Union)

design

design or industrial design means features of shape, configuration, pattern or ornament and any combination of those features that, in a finished article, appeal to and are judged solely by the eye; (dessin)

kit

kit means a complete or substantially complete number of parts that can be assembled to construct a finished article; (prêt-à-monter)

Minister

Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act; (ministre)

prescribed

prescribed means prescribed by the regulations and, in relation to fees, includes determined in the manner prescribed by the regulations; (Version anglaise seulement)

set

set means a number of articles of the same general character ordinarily on sale together or intended to be used together, to each of which the same design or variants thereof are applied; (ensemble)

useful article

useful article means an article that has a utilitarian function and includes a model of any such article; (objet utilitaire)

utilitarian function

utilitarian function, in respect of an article, means a function other than merely serving as a substrate or carrier for artistic or literary matter; (fonction utilitaire)

variants

variants means designs applied to the same article or set and not differing substantially from one another. (variantes)

  • R.S., 1985, c. I-9, s. 2
  • R.S., 1985, c. 10 (4th Supp.), s. 20
  • 1993, c. 15, s. 12(E), c. 44, s. 161
  • 2014, c. 39, s. 102

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