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Industrial Design Act

Version of section 13 from 2018-11-05 to 2024-11-26:


Marginal note:Design transferable

  •  (1) Every design, whether registered or unregistered, is transferable in whole or in part.

  • Marginal note:Recording of transfer of application

    (2) The Minister shall, subject to the regulations, record the transfer of an application for the registration of a design on the request of the applicant or, on receipt of evidence satisfactory to the Minister of the transfer, on the request of a transferee of the application.

  • Marginal note:Registration of transfer of design

    (3) The Minister shall, subject to the regulations, register the transfer of any registered design on the request of the registered proprietor or, on receipt of evidence satisfactory to the Minister of the transfer, on the request of a transferee of the design.

  • Marginal note:Transfer void

    (4) A transfer of a registered design that has not been registered is void against a subsequent transferee if the transfer to the subsequent transferee has been registered.

  • Marginal note:Removal of recording or registration

    (5) The Minister shall remove the recording or registration of the transfer of an application for the registration of a design or the transfer of a registered design on receipt of evidence satisfactory to the Minister that the transfer should not have been recorded or registered.

  • Marginal note:Limitation

    (6) The Minister is not authorized to remove the registration of a transfer of a registered design for the reason only that the transferor had previously transferred the registered design to another person.

  • R.S., 1985, c. I-9, s. 13
  • 1993, c. 15, s. 19
  • 2014, c. 39, s. 108

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