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

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Act current to 2024-03-06 and last amended on 2018-11-05. Previous Versions

Marginal note:Request for priority

  •  (1) For the purposes of section 8, an applicant for the registration of a design may submit to the Minister a request for priority in respect of the pending application on the basis of one or more previously regularly filed applications.

  • Marginal note:Requirements

    (2) The request for priority shall be made in accordance with the regulations, and the applicant shall submit to the Minister the filing date, the name of the country or office of filing and the number of each previously regularly filed application on which that request is based.

  • Marginal note:Request deemed never filed

    (3) A request for priority is deemed never to have been filed if the request is not made in accordance with the regulations or if the applicant does not submit the information, other than the number of each previously regularly filed application, that is required under subsection (2).

  • Marginal note:Withdrawal of request

    (4) An applicant may, in accordance with the regulations, withdraw a request for priority, either entirely or with respect to one or more previously regularly filed applications.

  • Marginal note:Multiple previously regularly filed applications

    (5) If more than one application has been previously regularly filed either in or for the same country or in or for different countries,

    • (a) paragraph 8(1)(b) shall be applied using the earliest filing date of the previously regularly filed applications; and

    • (b) subsection 8(2) shall be applied using the earliest filing date of the previously regularly filed applications on which the request for priority is based.

  • Marginal note:Previously regularly filed application deemed never filed

    (6) For the purposes of section 8, a previously regularly filed application shall be deemed never to have been filed if

    • (a) on the filing date of the pending application, more than six months have elapsed since the filing date of the previously regularly filed application;

    • (b) before the filing date of the pending application, another application for the registration of a design, disclosing the design in the pending application applied to the same finished article,

      • (i) is filed by the person who filed the previously regularly filed application or by that person’s successor in title or predecessor in title, and

      • (ii) is filed in or for the country where the previously regularly filed application was filed; and

    • (c) on the filing date of the other application referred to in paragraph (b) or, if there is more than one such other application, on the earliest of their filing dates, the previously regularly filed application

      • (i) has been withdrawn, abandoned or refused without having been made available to the public and without leaving any rights outstanding, and

      • (ii) has not served as a basis for a request for priority in any country, including Canada.

  • 2014, c. 39, s. 105

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