Industrial Design Regulations (SOR/99-460)

Regulations are current to 2013-05-20 and last amended on 2008-10-05. Previous Versions

  •  (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

  •  (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:

    • (a) the name and address of the applicant and, if an agent is named, the name and address of the agent;

    • (b) a title identifying the finished article or set in respect of which the registration of the design is requested;

    • (c) for the purpose of paragraph 4(1)(a) of the Act, a description that identifies the features that constitute the design;

    • (d) a drawing or photograph in accordance with section 9.1; and

    • (e) if the applicant has no place of business in Canada, the name and address of a representative for service.

  • SOR/2008-268, s. 2.
  •  (1) Drawings must have margins of at least 2.5 cm.

  • (2) All views on a drawing or photograph must

    • (a) be of sufficient quality to permit the features of the design to be identified clearly and accurately;

    • (b) clearly and accurately show the article to which the design is applied; and

    • (c) show the article in isolation.

  • (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

    • (a) the design in well-defined solid lines;

    • (b) portions of the article that do not form part of the design either wholly in well-defined solid lines or wholly in well-defined stippled lines; and

    • (c) the environment, if any, in well-defined stippled lines.

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

    • (a) evenly spaced short dashes;

    • (b) evenly spaced dots; or

    • (c) evenly spaced and alternating short dashes and dots.

  • SOR/2008-268, s. 3.