What is an industrial design?
Why obtain a registration for an industrial design?
Who can register an industrial design?
How long does registration last?
Criteria for obtaining a registration for an industrial design?
What are the steps of industrial design registration?
Does registration in Canada protect the owner’s rights in other countries?
What is an industrial design?
An industrial design is the features of shape, configuration, pattern or
ornament (or any combination thereof) applied to a finished article.
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Why obtain
a registration for an industrial design?
There is no protection without registration. An application must be filed
within 12 months of the first publication of the article otherwise no
protection can be obtained.
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Who can register an
industrial design?
The designer of a model or pattern intended to be reproduced in 50 or more
manufactured articles, can protect it by an industrial design registration.
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How long does registration
last?
Obtaining registration for an industrial design will give exclusive rights
for a period of ten years from the date of registration, subject to payment
of a fee at the end of the first five years.
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Criteria for obtaining a registration for an industrial design?
It is necessary to refer to the definition of the industrial design above-mentioned.
In addition, protection cannot apply to the following elements:
- a manufacturing process;
- functional features of an article;
- a principle of construction, or how an article is built;
- the materials used in the construction of an article;
- colour per se;
- ideas.
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What are
the steps of industrial design registration?
- the preliminary search;
- the filing of an application;
- the examination of the application by the Industrial Design Office;
- the delivery of the registration certificate.
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Does registration in Canada protect the owner’s rights in other countries?
No. Protection in other countries must be requested separately.
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