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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)

Priority (continued)

Marginal note:Withdrawal of request for priority

  •  (1) For the purpose of subsection 8.1(4) of the Act, a request for priority may be withdrawn by submitting a request to the Minister before the design is registered.

  • Marginal note:Effective date

    (2) The effective date of the withdrawal of a request for priority is the day on which the request for withdrawal is received by the Minister.

Marginal note:Deemed action — divisional application

 If, on or before the day on which a divisional application is received by the Minister, one of the following actions has been taken in respect of the original application, the same action is deemed to have been taken on the same day in respect of the divisional application:

  • (a) a request for priority has been made and has not been withdrawn;

  • (b) information required under subsection 8.1(2) of the Act has been submitted to the Minister in respect of a request for priority;

  • (c) a copy or a translation of a previously regularly filed application, or a certificate showing its filing date, has been submitted to the Minister; or

  • (d) a copy of a previously regularly filed application has been made available to the Minister from a digital library that is specified by the Minister or Commissioner as being accepted for that purpose.

Marginal note:Priority effect of international registration

 For the purpose of sections 8 and 8.1 of the Act and of sections 26 to 29 and 45 of these Regulations, an application for international registration is, from its filing date as determined under Article 9 of the Hague Agreement, equivalent to a regular filing of an application in or for a country of the Union.

Novel Design

Marginal note:Non-application of paragraph 8.2(1)(c) of Act

 In respect of a particular application, paragraph 8.2(1)(c) of the Act does not apply in respect of a design that has been disclosed in another application that was filed in Canada by a person referred to in subparagraph 8.2(1)(a)(i) or (ii) of the Act if the filing date of that particular application is no later than 12 months after the filing date of the other application.

Applications and Documents Made Available to Public

Marginal note:Prescribed date

  •  (1) Subject to subsection (2), for the purpose of subsection 8.3(1) of the Act, the prescribed date is

    • (a) in respect of an application, other than a Hague application or a divisional application resulting from a Hague application, and in respect of all documents in the Minister’s possession relating to the application and the design’s registration, the earlier of

      • (i) the date of registration of the design, and

      • (ii) the day that is 30 months after the filing date of that application or of the application that resulted in that registration or, if a request for priority is made in respect of that application or of the application that resulted in that registration, the earliest filing date of a previously regularly filed application on which the request for priority is based; or

    • (b) in respect of a Hague application or a divisional application resulting from a Hague application, and in respect of all documents in the Minister’s possession relating to the application and the design’s registration, the date of publication of the international registration by the International Bureau.

  • Marginal note:Exception

    (2) If a document relates to more than one application or registration, for the purpose of subsection 8.3(1) of the Act, the prescribed date for that document is the earliest date prescribed under subsection 8.3(1) of the Act for an application or registration referred to in that document.

  • Marginal note:Withdrawal of request for priority

    (3) For the purpose of subsection (1), a request for priority with respect to a particular previously regularly filed application is deemed never to have been made if the request is withdrawn more than two months before the day referred to in subparagraph (1)(a)(ii), without taking the withdrawal into account.

  • Marginal note:Prescribed date regarding withdrawn application

    (4) For the purpose of subsection 8.3(5) of the Act, the prescribed date is the earlier of the date of registration and the day that is two months before the day referred to in subparagraph (1)(a)(ii).

Maintenance of Exclusive Right

Marginal note:Prescribed period

  •  (1) For the purpose of subsection 10(2) of the Act, the prescribed period begins five years after the date of registration of the design and ends on the later of the end of 10 years after the date of registration and the end of 15 years after the filing date of the application.

  • Marginal note:Deadline for payment

    (2) Subject to subsection (3), the fee for the maintenance of the exclusive right accorded by the registration of a design set out in item 2 of the schedule must be paid no later than five years after the date of registration of the design.

  • Marginal note:Exception

    (3) The fee for the maintenance of the exclusive right accorded by the registration of a design set out in item 2 of the schedule may be paid within six months after the end of that five-year period if the proprietor makes a request to the Commissioner within those six months and pays both the maintenance fee and the late fee set out in item 3 of the schedule.

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;

  • (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.

 
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