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Industrial Design Act

Version of section 8 from 2018-11-05 to 2023-01-25:


Marginal note:Priority date

  •  (1) The priority date of a design in an application for the registration of a design (in this section and section 8.1 referred to as the “pending application”) is the filing date of the application, unless

    • (a) the pending application is filed by a person

      • (i) who, on the filing date of the pending application, is a citizen or national of, or is domiciled in, a country of the Union or has a real and effective industrial or commercial establishment in a country of the Union, and

      • (ii) who has, or whose predecessor in title has, previously regularly filed an application for the registration of a design disclosing the same design in or for a country of the Union;

    • (b) the filing date of the pending application is within six months after the filing date of the previously regularly filed application; and

    • (c) the applicant has made a request for priority in respect of the pending application on the basis of the previously regularly filed application.

  • Marginal note:Filing date of previously regularly filed application

    (2) In the circumstances set out in paragraphs (1)(a) to (c), the priority date of the design is the filing date of the previously regularly filed application.

  • R.S., 1985, c. I-9, s. 8
  • 1993, c. 15, s. 16
  • 2014, c. 39, s. 105
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