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Industrial Design Regulations (SOR/2018-120)

Regulations are current to 2019-08-28 and last amended on 2018-11-05. Previous Versions

PART 1Rules of General Application (continued)

Register

Marginal note:Prescribed information and statements

 For the purpose of subsection 3(1) of the Act, the prescribed information and statements that must be contained in the Register of Industrial Designs are

  • (a) the date of registration;

  • (b) the filing date of the application;

  • (c) particulars of any request for priority submitted under section 8.1 of the Act;

  • (d) the registration number;

  • (e) the name and address of the registered proprietor of the design on the date of registration;

  • (f) particulars of any change in the name or address of a registered proprietor recorded under section 35;

  • (g) particulars of any transfer that is registered under section 13 of the Act that relates to a registered design;

  • (h) the date prescribed under subsection 8.3(1) of the Act;

  • (i) the name of the finished article in respect of which the design is registered;

  • (j) the representation of the design contained in the application on the date of registration;

  • (k) if the application contains a statement under section 17 or 18, that statement;

  • (l) particulars of the payment of maintenance fees; and

  • (m) particulars of any correction made under section 3.1 of the Act.

Applications

Marginal note:Requirements for representation of design

 The prescribed requirements for the purpose of paragraph 4(1)(b) of the Act are that a representation of the design must

  • (a) be sufficient to disclose the design fully, taking into account the name of the finished article and any statement under section 17 or 18;

  • (b) be in the form of one or more of the following:

    • (i) photographs,

    • (ii) graphic reproductions, or

    • (iii) any other visual reproduction specified by the Minister or Commissioner as being accepted for that purpose;

  • (c) be of sufficient quality to permit the features of the design to be identified clearly and accurately; and

  • (d) include at least one photograph or reproduction that shows the design in isolation or the finished article in isolation.

Marginal note:Presentation of photographs or reproductions

 Photographs or reproductions contained in an application must be presented in the manner specified by the Minister or Commissioner as being accepted for that purpose.

Marginal note:Name and postal address

 For the purpose of paragraph 4(1)(c) of the Act, an application must contain the applicant’s name and postal address.

Marginal note:Features of shape, configuration, pattern and ornament

  •  (1) Subject to subsections (2) to (4), an application is deemed to relate to all of the features of shape, configuration, pattern and ornament shown in the representation of the design that, in the finished article, appeal to and are judged solely by the eye.

  • Marginal note:Exception — statement of limitation

    (2) If the application contains a statement clearly indicating that it relates only to some of the features of shape, configuration, pattern or ornament that, in the finished article, appeal to and are judged solely by the eye, or only to some or all of those features of a part of the finished article, then the application relates only to those features.

  • Marginal note:Exception — features in dotted or broken lines

    (3) An application is deemed not to relate to a feature that is shown in the representation of the design in dotted or broken lines, unless the application contains a statement to the contrary.

  • Marginal note:Exception — blurring or colouring

    (4) An application is deemed not to relate to a feature that is shown in the representation of the design by means of blurring or colouring if it is evident that the purpose of the blurring or colouring is to indicate that the application does not relate to that feature.

Marginal note:Optional description

 An application may contain a brief statement describing the representation or the features of the design, but the statement must not describe a utilitarian function or a method or principle of manufacture or construction.

Marginal note:Hague applications

 The contents of a Hague application on its filing date are deemed to comply with paragraphs 14(b) to (d) and sections 15, 16 and 18.

Marginal note:One design per application

  •  (1) An application must be limited to one design applied to a single finished article or set or variants applied to a single finished article or set.

  • Marginal note:Divisional applications

    (2) The applicant, in the case of a pending application (the “original application”), may file with the Minister a divisional application for the registration of a design applied to a finished article if that design applied to that finished article

    • (a) in respect of an original application that is not a divisional application, was disclosed in the original application on its filing date; and

    • (b) in respect of an original application that is a divisional application,

      • (i) was disclosed in the original application on the day on which the Minister received the original application, and

      • (ii) was disclosed, in the earliest original application in the series of applications from which the divisional application results, on the filing date of the earliest original application.

  • Marginal note:Required statement

    (3) An application is a divisional application only if a statement to that effect that identifies the corresponding original application is contained in the application or in a separate document that is submitted to the Minister no later than three months after the day on which the Minister received the application.

  • Marginal note:Separate application

    (4) A divisional application is a separate application, including with respect to the payment of any fees.

  • Marginal note:Time period

    (5) A divisional application must not be filed later than two years after the filing date of the original application or, if the original application is itself a divisional application, two years after the filing date of the earliest original application in the series of applications from which the divisional application results.

  • Marginal note:Exception

    (6) Subsection (5) does not apply to a divisional application for the registration of a design applied to a finished article if

    • (a) the Minister sends to the applicant, in the case of an original application, a report under subsection 22(2) setting out an objection to registration on the basis that the original application does not comply with subsection (1);

    • (b) on or after the date of the report under subsection 22(2), the applicant amends the original application so that it is no longer for the registration of that design applied to that finished article; and

    • (c) the divisional application is filed no later than six months after the day of the amendment.

Filing Date

Marginal note:Non-application to Hague application

  •  (1) This section does not apply to a Hague application or to a divisional application resulting from a Hague application.

  • Marginal note:Required documents, information and statements

    (2) The documents, information and statements prescribed for the purpose of subsection 4(3) of the Act are

    • (a) in respect of an application other than a divisional application,

      • (i) an explicit or implicit indication that the registration of a design is sought,

      • (ii) information allowing the identity of the applicant to be established,

      • (iii) information allowing the Minister to contact the applicant, and

      • (iv) a representation of the design; and

    • (b) in respect of a divisional application, those documents, information and statements received by the Minister under paragraph (a) in respect of the earliest original application in the series of applications from which the divisional application results.

  • Marginal note:Notice

    (3) In respect of an application other than a divisional application, the Minister must by notice inform an applicant whose application does not contain all the documents, information and statements referred to in paragraph (2)(a) of which documents, information and statements are outstanding and require that the applicant submit them no later than two months after the date of the notice.

  • Marginal note:Application deemed never filed

    (4) If the Minister does not receive those documents, information and statements before the end of that period, the application is deemed never to have been filed. However, the applicant is not entitled to a refund of any fees paid in respect of the application.

 
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