Industrial Design Act

Version of section 6 from 2002-12-31 to 2018-11-04:


Marginal note:Registration of design

  •  (1) The Minister shall register the design if the Minister finds that it is not identical with or does not so closely resemble any other design already registered as to be confounded therewith, and shall return to the proprietor thereof the drawing or photograph and description with the certificate required by this Part.

  • Marginal note:Exception

    (2) The Minister may refuse, subject to appeal to the Governor in Council, to register such designs as do not appear to the Minister to be within the provisions of this Part or any design that is contrary to public morality or order.

  • Marginal note:Exception for late applications

    (3) The Minister shall refuse to register the design if the application for registration is filed in Canada

    • (a) more than one year after the publication of the design in Canada or elsewhere, in the case of an application filed in Canada on or after the day on which this subsection comes into force; or

    • (b) more than one year after the publication of the design in Canada, in the case of an application filed in Canada before the day on which this subsection comes into force.

  • Marginal note:Non-application of section 29

    (4) For the purposes of subsection (3), section 29 does not apply in determining when an application for registration is filed.

  • R.S., 1985, c. I-9, s. 6
  • 1992, c. 1, s. 80
  • 1993, c. 15, s. 14, c. 44, s. 162
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