Industrial Design Act

Marginal note:Prior applications

• 30 (1) Subject to subsection (3), an application for the registration of a design filed before this section came into force shall be dealt with and disposed of in accordance with the provisions of this Act as it read immediately after this section came into force.

• Marginal note:Registrations

  (2) Subject to subsections (3) to (6), any matter arising after this section came into force in respect of a design registered on the basis of an application filed before it came into force shall be dealt with and disposed of in accordance with the provisions of this Act as it reads when the matter arises.

• Marginal note:Application requirements

  (3) An application for the registration of a design shall be considered to have been made in accordance with section 4 as it read immediately after this section came into force if the application was made before this section came into force

  • (a) by the proprietor of the design, whether the first proprietor or a subsequent proprietor; and

  • (b) in accordance with section 4 as it read at the time the application was made.

• Marginal note:Renewal of rights

  (4) Subsection 10(2), as it read immediately before this section came into force, applies in respect of an exclusive right for which the term expires more than three months before this section came into force.

• Marginal note:Non-application of defence provision

  (5) Subsection 17(1) does not apply in respect of a design registered on the basis of an application filed before this section came into force if, after the registration, the name of the proprietor of the design appears on the article to which the design applies by being marked, if the manufacture is a woven fabric, on one end of it, together with the letters "Rd.", "Enr." or both "Rd." and "Enr.", and, if the manufacture is of any other substance, with the letters "Rd.", "Enr." or both "Rd." and "Enr." and the year of registration at the edge of it or on any other convenient part.

• Marginal note:Method of marking

  (6) For the purposes of subsection (5), the mark may be put on the manufacture by making it on the material itself or by attaching to it a label with the proper marks on it.