Industrial Design Act

Marginal note:Duration of exclusive right

• 10 (1) Subject to subsection (3), the term limited for the duration of an exclusive right

  • (a) begins on the later of the date of registration of the design and the prescribed date, referred to in subsection 8.3(1), on which the application for the registration of the design is made available to the public; and

  • (b) ends on 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 application.

• Marginal note:Maintenance fees

  (2) The proprietor of a design shall, to maintain the exclusive right accorded by the registration of the design, pay to the Commissioner of Patents such fees, in respect of such periods, as may be prescribed.

• Marginal note:Expiration of term

  (3) Where the fees payable under subsection (2) are not paid within the time provided for by the regulations, the term limited for the duration of the exclusive right shall be deemed to have expired at the end of that time.