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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 2Implementation of the Hague Agreement (continued)

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    (6) A Hague application is deemed to be withdrawn if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

 
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