Industrial Design Regulations (SOR/2018-120)

Marginal note:Withdrawal of request for priority

• 28 (1) For the purpose of subsection 8.1(4) of the Act, a request for priority may be withdrawn by submitting a request to the Minister before the design is registered.

• Marginal note:Effective date

  (2) The effective date of the withdrawal of a request for priority is the day on which the request for withdrawal is received by the Minister.

Marginal note:Deemed action — divisional application

29 If, on or before the day on which a divisional application is received by the Minister, one of the following actions has been taken in respect of the original application, the same action is deemed to have been taken on the same day in respect of the divisional application:

• (a) a request for priority has been made and has not been withdrawn;

• (b) information required under subsection 8.1(2) of the Act has been submitted to the Minister in respect of a request for priority;

• (c) a copy or a translation of a previously regularly filed application, or a certificate showing its filing date, has been submitted to the Minister; or

• (d) a copy of a previously regularly filed application has been made available to the Minister from a digital library that is specified by the Minister or Commissioner as being accepted for that purpose.

Marginal note:Priority effect of international registration

30 For the purpose of sections 8 and 8.1 of the Act and of sections 26 to 29 and 45 of these Regulations, an application for international registration is, from its filing date as determined under Article 9 of the Hague Agreement, equivalent to a regular filing of an application in or for a country of the Union.

Novel Design

Marginal note:Non-application of paragraph 8.2(1)(c) of Act

31 In respect of a particular application, paragraph 8.2(1)(c) of the Act does not apply in respect of a design that has been disclosed in another application that was filed in Canada by a person referred to in subparagraph 8.2(1)(a)(i) or (ii) of the Act if the filing date of that particular application is no later than 12 months after the filing date of the other application.

Applications and Documents Made Available to Public

Marginal note:Prescribed date

• 32 (1) Subject to subsection (2), for the purpose of subsection 8.3(1) of the Act, the prescribed date is

  • (a) in respect of an application, other than a Hague application or a divisional application resulting from a Hague application, and in respect of all documents in the Minister’s possession relating to the application and the design’s registration, the earlier of

    • (i) the date of registration of the design, and

    • (ii) the day that is 30 months after the filing date of that application or of the application that resulted in that registration or, if a request for priority is made in respect of that application or of the application that resulted in that registration, the earliest filing date of a previously regularly filed application on which the request for priority is based; or

  • (b) in respect of a Hague application or a divisional application resulting from a Hague application, and in respect of all documents in the Minister’s possession relating to the application and the design’s registration, the date of publication of the international registration by the International Bureau.

• Marginal note:Exception

  (2) If a document relates to more than one application or registration, for the purpose of subsection 8.3(1) of the Act, the prescribed date for that document is the earliest date prescribed under subsection 8.3(1) of the Act for an application or registration referred to in that document.

• Marginal note:Withdrawal of request for priority

  (3) For the purpose of subsection (1), a request for priority with respect to a particular previously regularly filed application is deemed never to have been made if the request is withdrawn more than two months before the day referred to in subparagraph (1)(a)(ii), without taking the withdrawal into account.

• Marginal note:Prescribed date regarding withdrawn application

  (4) For the purpose of subsection 8.3(5) of the Act, the prescribed date is the earlier of the date of registration and the day that is two months before the day referred to in subparagraph (1)(a)(ii).

Maintenance of Exclusive Right

Marginal note:Prescribed period

• 33 (1) For the purpose of subsection 10(2) of the Act, the prescribed period begins five years after the date of registration of the design and ends on the later of the end of 10 years after the date of registration and the end of 15 years after the filing date of the application.

• Marginal note:Deadline for payment

  (2) Subject to subsection (3), the fee for the maintenance of the exclusive right accorded by the registration of a design set out in item 2 of the schedule must be paid no later than five years after the date of registration of the design.

• Marginal note:Exception

  (3) The fee for the maintenance of the exclusive right accorded by the registration of a design set out in item 2 of the schedule may be paid within six months after the end of that five-year period if the proprietor makes a request to the Commissioner within those six months and pays both the maintenance fee and the late fee set out in item 3 of the schedule.

Transfers and Changes of Name or Address

Marginal note:Request to record or register transfer

34 A request to record or register a transfer under subsection 13(2) or (3) of the Act must include the name and postal address of the transferee and the fee set out in item 4 of the schedule.

Marginal note:Change of name or address

35 If a registered proprietor changes their name or address, the Minister must register the change on the request of the registered proprietor.

Time Period Extended

Marginal note:Prescribed days

36 The following days are prescribed for the purpose of subsection 21(1) of the Act:

• (a) Saturday;

• (b) Sunday;

• (c) January 1 or, if January 1 falls on a Saturday or a Sunday, the following Monday;

• (d) Good Friday;

• (e) Easter Monday;

• (f) the Monday preceding May 25;

• (g) June 24 or, if June 24 falls on a Saturday or a Sunday, the following Monday;

• (h) July 1 or, if July 1 falls on a Saturday or a Sunday, the following Monday;

• (i) the first Monday in August;

• (j) the first Monday in September;

• (j.1) September 30 or, if September 30 falls on a Saturday or a Sunday, the following Monday;

• (k) the second Monday in October;

• (l) November 11 or, if November 11 falls on a Saturday or a Sunday, the following Monday;

• (m) December 25 and 26 or, if December 25 falls on

  • (i) a Friday, that Friday and the following Monday, or

  • (ii) a Saturday or a Sunday, the following Monday and Tuesday; and

• (n) any day on which the Office is closed to the public for all or part of that day during ordinary business hours.

Fees

Marginal note:Fees for services

37 The fee prescribed for a purpose described in column 1 of an item of the schedule is the fee set out in column 2 of that item.

Marginal note:Refund excess fees

• 38 (1) Subject to subsection (2), the Minister or Commissioner must refund any amount paid in excess of the fee prescribed.

• Marginal note:Exception

  (2) A refund must not be made unless a request for the refund is received no later than three years after the day on which the fee was paid.

Marginal note:Waiver of fee

39 The Minister is authorized to waive the payment of a fee if the Minister is satisfied that the circumstances justify it.

PART 2Implementation of the Hague Agreement

Register

Marginal note:Non-application of section 3 of Act

• 40 (1) Section 3 of the Act does not apply to a Hague registration.

• Marginal note:Evidence

  (2) The International Register and items in the file of an international registration are evidence of their contents, and a copy of a recording in the International Register or of an item in the file of an international registration is evidence of the particulars of the recording or item if the copy is certified by the International Bureau.

• Marginal note:Admissibility

  (3) A copy appearing to have been certified by the International Bureau is admissible in evidence in any court.

Hague Application

Marginal note:Application

• 41 (1) An application is deemed to have been filed under subsection 4(1) of the Act in respect of each design that is the subject of an international registration designating Canada.

• Marginal note:Contents

  (2) On the filing date of a Hague application,

  • (a) for the purpose of paragraph 4(1)(a) of the Act, the name of the product that is indicated in the corresponding international registration as the product that constitutes the design or in relation to which the design is to be used is deemed to be the name of the finished article in respect of which the design is to be registered; and

  • (b) the Hague application is deemed to contain the same representation of the design and the same information and statements in respect of the design as in the corresponding international registration.

• Marginal note:Fees not applicable

  (3) The requirement in subsection 4(1) of the Act for the payment of prescribed fees does not apply in respect of a Hague application.

• Marginal note:Applicant

  (4) The holder of the corresponding international registration is deemed to be the applicant in respect of a Hague application.

• Marginal note:Non-application of subsection 4(2) of Act

  (5) Subsection 4(2) of the Act does not apply to a Hague application or to a divisional application resulting from a Hague application.

• Marginal note:Deemed withdrawal of Hague application

  (6) A Hague application is deemed to be withdrawn if

  • (a) the corresponding international registration is cancelled;

  • (b) the International Bureau records in the International Register the renunciation of the corresponding international registration in respect of Canada; or

  • (c) the International Bureau records in the International Register, in respect of Canada, a limitation of the corresponding international registration to one or more designs other than the design that is the subject of the Hague application.

• Marginal note:Effective date

  (7) A withdrawal of a Hague application under subsection (6) is deemed to take effect on the date of the cancellation or the date of the recording of the renunciation or limitation in the International Register.

Filing Date

Marginal note:Non-application of subsection 4(3) of Act

• 42 (1) Subsection 4(3) of the Act does not apply to a Hague application or to a divisional application resulting from a Hague application.

• Marginal note:Filing date

  (2) The filing date of a Hague application or a divisional application resulting from a Hague application is the date of the corresponding international registration as determined under Article 10(2) of the Hague Agreement.

Refusal

Marginal note:Notification of refusal

43 The Minister must not refuse a Hague application under subsection 6(1) of the Act without first sending the International Bureau a notification of refusal referred to in Article 12(2) of the Hague Agreement within 12 months after the date of publication of the international registration by the International Bureau.

Hague Registration

Marginal note:Non-application of subsection 6(2) of Act

• 44 (1) Subsection 6(2) of the Act does not apply to a Hague application.

• Marginal note:Statement of grant of protection

  (2) If the Minister is not satisfied that a design that is the subject of a Hague application is not registrable, the Minister must send a statement of grant of protection in respect of the design to the International Bureau.

• Marginal note:Registration of design

  (3) A design that is the subject of a Hague application is deemed to have been registered by the Minister under subsection 6(2) of the Act if

  • (a) the Minister sends a statement of grant of protection in respect of the design to the International Bureau; or

  • (b) the Minister does not, on or before the day that is 12 months after the date of publication of the international registration by the International Bureau, send to the International Bureau a notification of refusal referred to in Article 12(2) of the Hague Agreement.

• Marginal note:Date of registration

  (4) The date of registration of a design that is the subject of a Hague registration is the earlier of

  • (a) if the Minister sends a statement of grant of protection in respect of the design to the International Bureau, the date of the statement; and

  • (b) if the Minister does not, on or before the day that is 12 months after the date of publication of the international registration by the International Bureau, send to the International Bureau a notification of refusal referred to in Article 12(2) of the Hague Agreement, the first day after the end of that period.

• Marginal note:Registered proprietor

  (5) The holder of an international registration is deemed to be the registered proprietor of the corresponding Hague registration.

• Marginal note:Deemed cancellation of Hague registration

  (6) A Hague registration is deemed to be cancelled if the International Bureau records in the International Register

  • (a) a renunciation of the corresponding international registration in respect of Canada; or

  • (b) a limitation of the corresponding international registration, in respect of Canada, to one or more designs other than the design that is the subject of the Hague registration.

• Marginal note:Effective date

  (7) A cancellation of a Hague registration under subsection (6) is deemed to take effect on the date of the recording of the renunciation or limitation in the International Register.