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Industrial Design Regulations (SOR/2018-120)

Regulations are current to 2022-06-20 and last amended on 2022-03-04. Previous Versions

PART 1Rules of General Application (continued)

Transfers and Changes of Name or Address

Marginal note:Request to record or register transfer

 A request to record or register a transfer under subsection 13(2) or (3) of the Act must include the name and postal address of the transferee and the fee set out in item 4 of the schedule.

Marginal note:Change of name or address

 If a registered proprietor changes their name or address, the Minister must register the change on the request of the registered proprietor.

Time Period Extended

Marginal note:Prescribed days

 The following days are prescribed for the purpose of subsection 21(1) of the Act:

  • (a) Saturday;

  • (b) Sunday;

  • (c) January 1 or, if January 1 falls on a Saturday or a Sunday, the following Monday;

  • (d) Good Friday;

  • (e) Easter Monday;

  • (f) the Monday preceding May 25;

  • (g) June 24 or, if June 24 falls on a Saturday or a Sunday, the following Monday;

  • (h) July 1 or, if July 1 falls on a Saturday or a Sunday, the following Monday;

  • (i) the first Monday in August;

  • (j) the first Monday in September;

  • (j.1) September 30 or, if September 30 falls on a Saturday or a Sunday, the following Monday;

  • (k) the second Monday in October;

  • (l) November 11 or, if November 11 falls on a Saturday or a Sunday, the following Monday;

  • (m) December 25 and 26 or, if December 25 falls on

    • (i) a Friday, that Friday and the following Monday, or

    • (ii) a Saturday or a Sunday, the following Monday and Tuesday; and

  • (n) any day on which the Office is closed to the public for all or part of that day during ordinary business hours.

Fees

Marginal note:Fees for services

 The fee prescribed for a purpose described in column 1 of an item of the schedule is the fee set out in column 2 of that item.

Marginal note:Refund excess fees

  •  (1) Subject to subsection (2), the Minister or Commissioner must refund any amount paid in excess of the fee prescribed.

  • Marginal note:Exception

    (2) A refund must not be made unless a request for the refund is received no later than three years after the day on which the fee was paid.

Marginal note:Waiver of fee

 The Minister is authorized to waive the payment of a fee if the Minister is satisfied that the circumstances justify it.

PART 2Implementation of the Hague Agreement

Register

Marginal note:Non-application of section 3 of Act

  •  (1) Section 3 of the Act does not apply to a Hague registration.

  • Marginal note:Evidence

    (2) The International Register and items in the file of an international registration are evidence of their contents, and a copy of a recording in the International Register or of an item in the file of an international registration is evidence of the particulars of the recording or item if the copy is certified by the International Bureau.

  • Marginal note:Admissibility

    (3) A copy appearing to have been certified by the International Bureau is admissible in evidence in any court.

Hague Application

Marginal note:Application

  •  (1) An application is deemed to have been filed under subsection 4(1) of the Act in respect of each design that is the subject of an international registration designating Canada.

  • Marginal note:Contents

    (2) On the filing date of a Hague application,

    • (a) for the purpose of paragraph 4(1)(a) of the Act, the name of the product that is indicated in the corresponding international registration as the product that constitutes the design or in relation to which the design is to be used is deemed to be the name of the finished article in respect of which the design is to be registered; and

    • (b) the Hague application is deemed to contain the same representation of the design and the same information and statements in respect of the design as in the corresponding international registration.

  • Marginal note:Fees not applicable

    (3) The requirement in subsection 4(1) of the Act for the payment of prescribed fees does not apply in respect of a Hague application.

  • Marginal note:Applicant

    (4) The holder of the corresponding international registration is deemed to be the applicant in respect of a Hague application.

  • Marginal note:Non-application of subsection 4(2) of Act

    (5) Subsection 4(2) of the Act does not apply to a Hague application or to a divisional application resulting from a Hague application.

  • Marginal note:Deemed withdrawal of Hague application

    (6) A Hague application is deemed to be withdrawn if

    • (a) the corresponding international registration is cancelled;

    • (b) the International Bureau records in the International Register the renunciation of the corresponding international registration in respect of Canada; or

    • (c) the International Bureau records in the International Register, in respect of Canada, a limitation of the corresponding international registration to one or more designs other than the design that is the subject of the Hague application.

  • Marginal note:Effective date

    (7) A withdrawal of a Hague application under subsection (6) is deemed to take effect on the date of the cancellation or the date of the recording of the renunciation or limitation in the International Register.

Filing Date

Marginal note:Non-application of subsection 4(3) of Act

  •  (1) Subsection 4(3) of the Act does not apply to a Hague application or to a divisional application resulting from a Hague application.

  • Marginal note:Filing date

    (2) The filing date of a Hague application or a divisional application resulting from a Hague application is the date of the corresponding international registration as determined under Article 10(2) of the Hague Agreement.

Refusal

Marginal note:Notification of refusal

 The Minister must not refuse a Hague application under subsection 6(1) of the Act without first sending the International Bureau a notification of refusal referred to in Article 12(2) of the Hague Agreement within 12 months after the date of publication of the international registration by the International Bureau.

Hague Registration

Marginal note:Non-application of subsection 6(2) of Act

  •  (1) Subsection 6(2) of the Act does not apply to a Hague application.

  • Marginal note:Statement of grant of protection

    (2) If the Minister is not satisfied that a design that is the subject of a Hague application is not registrable, the Minister must send a statement of grant of protection in respect of the design to the International Bureau.

  • Marginal note:Registration of design

    (3) A design that is the subject of a Hague application is deemed to have been registered by the Minister under subsection 6(2) of the Act if

    • (a) the Minister sends a statement of grant of protection in respect of the design to the International Bureau; or

    • (b) the Minister does not, on or before the day that is 12 months after the date of publication of the international registration by the International Bureau, send to the International Bureau a notification of refusal referred to in Article 12(2) of the Hague Agreement.

  • Marginal note:Date of registration

    (4) The date of registration of a design that is the subject of a Hague registration is the earlier of

    • (a) if the Minister sends a statement of grant of protection in respect of the design to the International Bureau, the date of the statement; and

    • (b) if the Minister does not, on or before the day that is 12 months after the date of publication of the international registration by the International Bureau, send to the International Bureau a notification of refusal referred to in Article 12(2) of the Hague Agreement, the first day after the end of that period.

  • Marginal note:Registered proprietor

    (5) The holder of an international registration is deemed to be the registered proprietor of the corresponding Hague registration.

  • Marginal note:Deemed cancellation of Hague registration

    (6) A Hague registration is deemed to be cancelled if the International Bureau records in the International Register

    • (a) a renunciation of the corresponding international registration in respect of Canada; or

    • (b) a limitation of the corresponding international registration, in respect of Canada, to one or more designs other than the design that is the subject of the Hague registration.

  • Marginal note:Effective date

    (7) A cancellation of a Hague registration under subsection (6) is deemed to take effect on the date of the recording of the renunciation or limitation in the International Register.

Priority

Marginal note:Non-application of subsections 8.1(1) to (3) of Act

  •  (1) Subsections 8.1(1) to (3) of the Act do not apply to a Hague application or to a divisional application resulting from a Hague application.

  • Marginal note:Request for priority

    (2) For the purpose of paragraph 8(1)(c) of the Act, the applicant must not submit a request for priority to the Minister in respect of a Hague application or a divisional application resulting from a Hague application.

  • Marginal note:Deemed request for priority

    (3) For the purpose of paragraph 8(1)(c) of the Act, the applicant is deemed to have made a request for priority in respect of a Hague application or a divisional application resulting from a Hague application on the basis of a previously regularly filed application if the corresponding international registration contains

    • (a) a declaration claiming the priority of the previously regularly filed application in respect of the design that is the subject of the Hague application; and

    • (b) an indication of the filing date and the name of the country or office of filing of the previously regularly filed application.

Applications and Documents Made Available to Public

Marginal note:Article 10(5) of Hague Agreement

  •  (1) Despite subsection 8.3(1) of the Act, the Minister must not make available to the public a copy of an international registration or any statement, document or specimen sent by the International Bureau to the Minister under Article 10(5) of the Hague Agreement except in accordance with that Article.

  • Marginal note:Non-application of subsections 8.3(3) to (6) of Act

    (2) Subsections 8.3(3) to (6) of the Act do not apply to a Hague application or to a divisional application resulting from a Hague application.

Duration of Exclusive Right

Marginal note:Non-application of section 10 of Act

  •  (1) Section 10 of the Act does not apply to a Hague registration.

  • Marginal note:Term

    (2) The term limited for the duration of an exclusive right in relation to a design that is the subject of a Hague registration

    • (a) begins on the date of registration of the design; and

    • (b) ends on the earlier of

      • (i) the later of the end of 10 years after the date of registration of the design and the end of 15 years after the filing date of the corresponding Hague application, and

      • (ii) the date of the expiry, in respect of Canada, of the international registration in respect of that design.

Transfers

Marginal note:Non-application of subsections 13(2) to (6) of Act

 Subsections 13(2) to (6) of the Act do not apply to a Hague application or to a Hague registration.

Marginal note:Attestation

 The Minister must, on request, provide to the transferee of an international registration an attestation that the transferee appears to be the successor in title of the holder if

  • (a) the holder is a national of Canada or has a domicile, a habitual residence or a real and effective industrial or commercial establishment in Canada; and

  • (b) the transferee submits to the Minister

    • (i) evidence satisfactory to the Minister that the transferee appears to be the successor in title of the holder, and

    • (ii) a statement to the effect that the transferee made efforts to obtain the signature of the holder or their representative on a request to record the change in ownership and that their efforts were not successful.

Appeal or Invalidation

Marginal note:Non-application of sections 22 to 24 of Act

  •  (1) Sections 22 to 24 of the Act do not apply to a Hague registration.

  • Marginal note:Appeal to Federal Court

    (2) An appeal lies to the Federal Court from a refusal by the Minister under subsection 6(1) of the Act of a Hague application no later than two months after the day on which notice of the refusal was sent by the Minister.

  • Marginal note:Refusal reversed

    (3) If, in the final judgment given in the appeal, the refusal by the Minister is reversed, the Minister must send a statement of grant of protection in respect of the design to the International Bureau.

  • Marginal note:Jurisdiction

    (4) The Federal Court has exclusive jurisdiction, on application of the Minister or any interested person, to make an order invalidating a Hague registration on the ground that the design was not registrable on the date of registration.

  • Marginal note:Notification to International Bureau

    (5) If, in the final judgment given in a proceeding under subsection (4), a Hague registration is invalidated, the Minister must notify the International Bureau of the invalidation.

  • Marginal note:Certified copy

    (6) An officer of the Registry of the Federal Court must send to the Minister a certified copy of every judgment or order of the Supreme Court of Canada, the Federal Court of Appeal or the Federal Court relating to a Hague registration.

Corrections

Marginal note:Notification of refusal of correction

  •  (1) If the International Bureau modifies the International Register to correct an error concerning an international registration designating Canada and the Minister considers that the effects of the correction cannot be recognized, the Minister must so declare in a notification of refusal of the effects of the correction sent to the International Bureau no later than 12 months after the day on which the correction is published by the International Bureau in the International Designs Bulletin.

  • Marginal note:Opportunity to reply

    (2) The holder may reply to the notification within the time specified in the notification.

  • Marginal note:Notification of withdrawal of refusal

    (3) If, after considering a reply provided under subsection (2), the Minister considers that the effects of the correction can be recognized, the Minister must send to the International Bureau a notification of withdrawal of refusal of the effects of the correction.

  • Marginal note:Amendment — Hague application or Hague registration

    (4) If the International Bureau modifies the International Register to correct an error concerning an international registration designating Canada and one of the circumstances set out in subsection (7) applies, the correction is effective in Canada and any corresponding Hague application or Hague registration is deemed to be amended accordingly.

  • Marginal note:Effective date

    (5) For the purpose of paragraphs 25(2)(c) and (d), a correction under subsection (4) is deemed to take effect on the filing date of the corresponding Hague application.

  • Marginal note:No effect

    (6) If the International Bureau modifies the International Register to correct an error concerning an international registration designating Canada that corresponds to a Hague application or a Hague registration and neither of the circumstances set out in subsection (7) applies, the correction has no effect in Canada.

  • Marginal note:Circumstances

    (7) For the purpose of subsections (4) and (6), the circumstances are as follows:

    • (a) the Minister does not, on or before the day that is 12 months after the day on which a correction of an error concerning an international registration designating Canada is published by the International Bureau in the International Designs Bulletin, send a notification of refusal under subsection (1) to the International Bureau; and

    • (b) the Minister sends a notification of withdrawal of refusal of the effects of the correction under subsection (3) to the International Bureau.

 
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