Industrial Design Act

Marginal note:Regulations

25 The Governor in Council may make regulations

• (a) governing titles of designs;

• (b) respecting the form and contents of applications for the registration of designs, including

  • (i) the manner of naming finished articles,

  • (ii) the manner of identifying features of shape, configuration, pattern or ornament of all or part of a finished article, and

  • (iii) the manner of identifying that an application relates to only some of the features of shape, configuration, pattern or ornament that, in a finished article, appeal to and are judged solely by the eye, or to only some or all of those features of a part of a finished article;

• (b.1) respecting the processing and examination of applications for the registration of designs, including the circumstances in which applications shall be deemed to be abandoned and the circumstances in which they shall be reinstated;

• (b.2) respecting the circumstances in which paragraph 8.2(1)(c) does not apply in respect of a design that has been disclosed in an application for the registration of a design that was filed in Canada by a person referred to in subparagraph 8.2(1)(a)(i) or (ii);

• (b.3) respecting the withdrawal of an application for the registration of a design and, for the purposes of subsections 8.3(4) and (5), prescribing the date, or the manner of determining the date, on or before which a request for priority or an application for the registration of a design shall be withdrawn;

• (c) respecting the payment of fees and the amount of those fees;

• (d) respecting the return of any fees paid under this Act;

• (d.1) authorizing the Minister to waive, subject to any prescribed terms and conditions, the payment of a fee if the Minister is satisfied that the circumstances justify it;

• (e) respecting the registration of sets and of variants of a design;

• (e.1) respecting the correction of obvious errors in documents submitted to the Minister or the Commissioner of Patents, including

  • (i) the determination of what constitutes an obvious error, and

  • (ii) the effect of the correction;

• (f) respecting requests for priority, including

  • (i) the period within which priority shall be requested,

  • (ii) the information and documentation that shall be submitted in support of requests for priority,

  • (iii) the period within which that information and documentation shall be submitted,

  • (iv) the withdrawal of requests for priority, and

  • (v) the correction of requests for priority or of information or documentation submitted in support of them and the effect of corrections on the application of section 8.3;

• (g) respecting certificates of registration;

• (g.1) respecting the recording of documents relating to a design;

• (g.2) respecting the recording or registration of transfers of applications for the registration of designs or transfers of registered designs;

• (g.3) respecting the provision, including in electronic form and by electronic means, of documents and information to the Minister or the Commissioner of Patents, including the time at which they are deemed to be received by the Minister or the Commissioner of Patents;

• (g.4) respecting the use of electronic means for the purposes of subsection 24.1(2);

• (g.5) respecting communications between the Minister or the Commissioner of Patents and any other person;

• (g.6) for carrying into effect, despite anything in this Act, the Geneva (1999) Act of the Hague Agreement Concerning the International Registration of Industrial Designs, adopted at Geneva on July 2, 1999, including any amendments and revisions made from time to time to which Canada is a party; and

• (h) prescribing anything else that is to be prescribed under this Act and generally for carrying out the purposes and provisions of this Act.