Industrial Design Regulations

SOR/99-460

INTERPRETATION

Section 1.  

The definitions in this section apply in these Regulations.

Act means the Industrial Design .

agent means a person or firm appointed by an applicant to act on their behalf for the purposes of these Regulations.

applicant means a person who is named as the proprietor of a design in an application or the person to whom a design has been assigned while the application is pending.

application means, except as otherwise provided in these Regulations, an for the registration of a design filed under section 4 of the Act.

Commissioner means the of Patents.

Office means the industrial design section of the of the Commissioner of Patents.

registered proprietor means, in respect of an industrial design, the person whose name appears in the Register of Industrial Designs as the proprietor of the industrial design.

representative for service means a person or firm in Canada who is appointed by an applicant or registered proprietor to receive any notice or on whom documents are to be served on behalf of the applicant or registered proprietor for the purposes of these Regulations.

Act means the Industrial Design .

agent means a person or firm appointed by an applicant to act on their behalf for the purposes of these Regulations.

applicant means a person who is named as the proprietor of a design in an application or the person to whom a design has been assigned while the application is pending.

application means, except as otherwise provided in these Regulations, an for the registration of a design filed under section 4 of the Act.

Commissioner means the of Patents.

Office means the industrial design section of the of the Commissioner of Patents.

registered proprietor means, in respect of an industrial design, the person whose name appears in the Register of Industrial Designs as the proprietor of the industrial design.

representative for service means a person or firm in Canada who is appointed by an applicant or registered proprietor to receive any notice or on whom documents are to be served on behalf of the applicant or registered proprietor for the purposes of these Regulations.

FILING OF APPLICATIONS

Section 2.  

An application under subsection 4(1) of the Act must be filed with the Minister by delivering it to the Office or to an establishment referred to in subsection 3(4).

CORRESPONDENCE

Section 3.  

(1) Correspondence intended for the Commissioner or the Office must be addressed to the Commissioner.

(2) Correspondence addressed to the Commissioner may be physically delivered to the Office during ordinary business hours of the Office and must be considered to be received by the Commissioner on the day of the delivery.

(3) For the purposes of subsection (2), where correspondence addressed to the Commissioner is physically delivered to the Office outside of its ordinary business hours, it must be considered to have been delivered to the Office during ordinary business hours on the day when the Office is next open for business.

(4) Correspondence addressed to the Commissioner may be physically delivered to an establishment that is designated by the Commissioner in the Canadian Patent Office Record as an establishment to which correspondence addressed to the Commissioner may be delivered, during ordinary business hours of that establishment, and

(5) For the purposes of subsection (4), where correspondence addressed to the Commissioner is physically delivered to an establishment outside of the ordinary business hours of the establishment, it must be considered to have been delivered to that establishment during ordinary business hours on the day when the establishment is next open for business.

(6) Correspondence addressed to the Commissioner may be sent at any time by electronic or other means of transmission specified by the Commissioner in the Canadian Patent Office Record.

(7) For the purposes of subsection (6), where, according to the local time of the place where the Office is located, the correspondence is delivered on a day when the Office is open for business, it must be considered to be received by the Commissioner on that day.

(8) For the purposes of subsection (6), where, according to the local time of the place where the Office is located, the correspondence is delivered on a day when the Office is closed for business, it must be considered to be received by the Commissioner on the day when the Office is next open for business.

Section 4.  

(1) Subject to subsection (2), correspondence addressed to the Commissioner in relation to an application or a registered design must be restricted to one application or one registered design, as the case may be.

(2) Subsection (1) does not apply to correspondence that relates to

Section 5.  

Any address that is required to be furnished under the Act or these Regulations must be a complete mailing address and include the street name and number and the postal code when they exist.

Section 6.  

(1) Correspondence that relates to an application must include

(2) Correspondence that relates to a registered design must include

Section 7.  

(1) Subject to subsection (2), the Commissioner must conduct correspondence that relates to an application with

(2) The Commissioner must conduct correspondence that relates to an application with an agent if their agency has not been revoked and the agent is named

Section 8.  

(1) Subject to subsection (2) and section 14, the Commissioner may not consider any correspondence in relation to an application from anyone other than the persons with whom correspondence may be conducted in accordance with section 7.

(2) Any correspondence made to the Commissioner with the stated or apparent intention of protesting against the registration of an industrial design must be acknowledged, but no information shall be given as to the action taken.

APPLICATIONS

Section 9.  

(1) An application filed under section 2 must be made in the form set out in Schedule 1 and must include payment of the applicable fee set out in column 2 of item 1 of Schedule 2.

(2) An application must include the following information and documents in addition to the declaration mentioned in paragraph 4(1)(b) of the Act:

Section 9.1  

(1) Drawings must have margins of at least 2.5 cm.

(2) All views on a drawing or photograph must

(3) However, in the case of an application containing more than one view, a single view on a single drawing may show environment that is not part of the article to which the design is applied if that environment helps to make clear what the article is or what the features of the design are.

(4) Drawings must show

(5) For the purposes of subsection (4), stippled lines means broken lines formed by

Section 10.  

(1) An application must relate to one design applied to a single article or set, or to variants.

(2) If an application does not comply with subsection (1), the applicant or their agent must limit the application to one design applied to a single article or set, or to variants.

(3) Any other design disclosed in the application referred to in subsection (2) may be made the subject of a separate application, if it is accompanied by the applicable fees set out in column 2 of item 1 of Schedule 2.

FILING DATE

Section 11.  

(1) Subject to section 29 of the Act, the filing date of an application is the date on which the Office receives the information required by paragraphs 9(2)(a), (b) and (c) and a drawing or photograph of the design.

(2) A separate application referred to in subsection 10(3) has the same filing date as the initial application if it is filed

DOCUMENTS AND MATERIALS

Section 12.  

(1) All documents filed with the Minister must be clear and legible and be presented so as to permit direct reproduction in black and white.

(2) Documents filed in paper form must be printed

(3) Documents filed in electronic form in connection with applications and registered designs must be in an electronic format specified by the Commissioner in the Canadian Patent Office Record.

Section 13.  

(1) The Minister shall refuse any document submitted to the Minister that is not in the English or French language unless the applicant submits to the Minister a translation of the document into one of those languages.

(2) The text of an application shall be wholly in English or wholly in French.

AGENTS

Section 14.  

(1) Subject to subsection (2), the Commissioner may not recognize a person or firm as an agent unless the applicant, or the person or firm acting as the agent, delivers to the Commissioner a written notice signed by the applicant that states that the person or firm is the agent.

(2) Subsection (1) does not apply if the agent communicating with the Commissioner has been named in the application.

(3) If the Commissioner receives correspondence from a person or firm who claims to be an agent but in respect of whom no written notice has been given under subsection (1) and who has not been named as the agent in the application, the Commissioner must notify the person or firm in writing that the person or firm has 60 days from the date of issuance of the notification to file a written notice signed by the applicant that states that the person or firm is the agent.

(4) If the person or firm delivers the written notice to the Commissioner within the 60 days, the Commissioner must consider the correspondence to have been filed on the date that it was initially filed.

(5) If the written notice is not received within the 60 days, the Commissioner must remove the correspondence from the file and consider it not to have been filed.

(6) The appointment of an agent may be revoked by the applicant or the agent by submitting to the Commissioner a notice of revocation signed by the applicant or the agent.

REPRESENTATIVE FOR SERVICE

Section 15.  

A notice of a proceeding relating to an application or registered design that is sent to, or served on, a representative for service has the same effect as if it were sent to, or served on, the applicant or the registered proprietor.

AMENDMENT OF APPLICATION

Section 16.  

(1) Subject to subsection (2), an applicant may request an amendment to an application at any time before the registration of a design by submitting information and material in support of the amendment to the Commissioner.

(2) The Commissioner may not accept an amendment to an application that would substantially alter the design to which the application relates.

REINSTATEMENT OF APPLICATION

Section 17.  

A request under subsection 5(4) of the Act for the reinstatement of an application must be made within six months after the date on which the application was considered abandoned under subsection 5(3) of the Act.

MAINTENANCE OF EXCLUSIVE RIGHT

Section 18.  

(1) The registered proprietor must, before the expiry of the five-year period beginning on the date of the registration of the design, pay the fee set out in column 2 of item 2 of Schedule 2 to maintain an exclusive right conferred by the registration of the design.

(2) If the registered proprietor does not comply with subsection (1), the registered proprietor may, on request to the Commissioner, maintain the exclusive right conferred by the registration of the design if the registered proprietor

ASSIGNMENTS

Section 19.  

An assignment or licence granting an interest in a design that is presented to be recorded against the design under section 13 of the Act must be accompanied by the applicable fees set out in column 2 of item 4 of Schedule 2 and by evidence that establishes that the person in whose name the interest is to be recorded is the assignee or licensee, which evidence may include an affidavit or a copy of a document effecting the assignment or licence.

PRIORITY

Section 20.  

(1) A request for priority filed within the six months specified in subsection 29(1) of the Act must be made in writing and indicate the date the application for registration of the design was first filed in or for the foreign country, the name of the country and the number assigned by that country to the application.

(2) If, at any time before the registration of the design for which priority is sought, an application is made for a design that is identical to or so closely resembles the design as to be confounded with it, the Commissioner must so advise in writing the applicant who is requesting priority and request that the applicant provide the following documents

(3) The request for priority is suspended until the certified copy and the certificate have been filed.

FEES

Section 21.  

The fees prescribed for a service described in column 1 of an item of Schedule 2 provided by the Office are the fees set out in column 2 of that item and are payable to the Receiver General of Canada.

AMENDMENTS TO THE

Section 22. to 24.  

[Amendments]

COMING INTO FORCE

Section 25.  

These Regulations come into force on December 15, 1999.

SCHEDULE 1 – (Subsection 9(1))

DEMANDE D’ENREGISTREMENT D’UN DESSIN INDUSTRIEL APPLICATION FOR THE REGISTRATION OF AN INDUSTRIAL DESIGN
  
Le demandeur, __________
(nom du demandeur)
The applicant, __________
(name of applicant)
  
dont l’adresse complète est __________ whose complete address is __________
  
demande l’enregistrement d’un dessin pour un(e) __________
(titre identifiant l’objet fini ou l’ensemble)
hereby requests the registration of a design for a __________
(title identifying the finished article or set)
  
dont il est le propriétaire. of which the applicant is the proprietor.
  
À la connaissance du propriétaire, personne d’autre que le premier propri’taire du dessin n’en faisait usage lorsque celui-ci en a fait le choix. The design was not, to the proprietor’s knowledge, in use by any person other than the first proprietor at the time the design was adopted by the first proprietor.
  
Description du dessin: Description of the design:
  
  
À REMPLIR SEULEMENT SI LE DEMANDEUR A UN MANDATAIRE TO BE COMPLETED ONLY IF AN APPLICANT HAS AN AGENT
  
Nom du mandataire Name of agent
  
Adresse du mandataire Address of agent
  
Lorsque le demandeur n’a pas d’établissement au Canada, le nom et l’adresse de son REPRÉSENTANT AUX FINS DE SIGNIFICATION au Canada doivent être indiqués. If an applicant has no place of business in Canada, the name and address of a REPRESENTATIVE FOR SERVICE in Canada must be provided.
  
Nom du représentant aux fins de signification Name of representative for service
  
Adresse au Canada du représentant aux fins de signification Address in Canada of representative for service

SCHEDULE 2 – (Subsections 9(1) and 10(3), and sections 18, 19 and 21)

Column 1
Service
Column 2
Fees ($)

1. Examination of an application to register a design pursuant to subsection 4(1) of the Act,

 

    (a) basic fee

400.00

    (b) plus, for each page of drawings in excess of 10 pages

10.00

2. Maintenance of a registration of a design pursuant to subsection 18(1) or (2)

350.00

3. Maintenance of a registration of a design pursuant to subsection 18(2)

50.00

4. Recording an assignment or any document affecting a design pursuant to subsection 13(1) of the Act, for each design

100.00

5. Providing a copy in paper form of a document, for each page,

    (a) where the user of the service makes the copy using Office equipment

0.50

    (b) where the Office makes the copy

1.00

6. Providing a copy in electronic form of a document,

    (a) for each request

10.00

    (b) plus, for each design to which the request relates

10.00

    (c) plus, if the copy is requested on a physical medium, for each physical medium requested in addition to the first

10.00

7. Providing a certified copy in paper form of a document, other than a certified copy made under Rule 318 or 350 of the Federal Courts Rules,

    (a) for each certification

35.00

    (b) plus, for each page

1.00

8. Providing a certified copy in electronic form of a document, other than a certified copy made under Rule 318 or 350 of the Federal Courts Rules,

    (a) for each certification

35.00

    (b) plus, for each design to which the request relates

10.00

9. Delaying registration

100.00

10. Reinstatement of an abandoned application

200.00

11. Issuance of a correcting certificate required as a result of an error not committed by the Office

50.00

12. Processing a request for accelerated examination of an application to register a design

500.00



This page has been generated using Mincov Legal Markup Language (“MLML”). While every effort has been made to ensure accuracy and currency of this document, Mincov Law Corporation makes no warranty, representation or undertaking, expressed or implied, nor does it assume any liability, direct or indirect, or responsibility for the accuracy, currency, usefulness or continued availability of this document.The official version of this document is located at http://laws-lois.justice.gc.ca/eng/XML/SOR-99-460.xml.

tumblr visitor stats
The information on this website is for general information purposes only. Nothing on this website should be taken as legal advice for any individual case or situation. This information is not intended to create, and its receipt or viewing does not constitute, a solicitor-client relationship.

Logo

Trademark Factory® International Inc. - Outside The Box Legal Solutions
©2011–2017 Trademark Factory® International Inc.
Vancouver Office: 778.869.7281
300 - 1055 W. Hastings St., Vancouver, BC  V6E 2E9
Toronto Office: 416.305.4142
3 Bridgeman Avenue, Suite 204, Toronto, ON M5R 3V4
Toll-Free: 855.MR.TMARKFax: 888.767.7078