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INTELLECTUAL PROPERTY RIGHTS

NATIONAL LEGISLATION - CANADA

Industrial Design Act


INDEX

Industrial Design Act

SHORT TITLE

INTERPRETATION

Definitions

PART I

INDUSTRIAL DESIGNS

Registration

Application to register design

Substituted applicants

Examination prior to registration

Report of objections

Abandonment of application

Reinstatement of application

Restriction on protection

Registration of design

Exception

Exception for late applications

Non-application of section 29

Certificate of registration

Particulars thereof

Certificate to be evidence of contents

No proof of signature required

Exclusive Right

Duration of right

Maintenance fees

Expiration of term

Using design without licence

Substantial differences

Proprietorship

First proprietor

Acquired right

Assignments

Design to be assignable

Right to use design

Licence

Action for Infringement

Action by proprietor or licensee

Proprietor to be a party

Power of court to grant relief

Concurrent jurisdiction

Defence

Exception

Proprietor

Limitation

PART II

GENERAL

Rules, Regulations and Forms

Minister may make rules and adopt forms

Documents deemed valid

Clerical Errors

Correction

Inspection

Inspection of registers

Copies

Procedure as to Rectification and Alteration

Federal Court may rectify entries

Costs

Questions to be decided

Jurisdiction

Application to alter design

Notice to Minister

Consequent rectification of register

Regulations

Priority

Application filed in another country

Definitions

TRANSITIONAL PROVISIONS

Renewal of rights

Non-application of defence provision

Method of marking

TRANSITIONAL PROVISIONS

Prior applications

Registrations

Application requirements

Renewal of rights

Non-application of defence provision

Method of marking