Canada is a country with many advantages in developing and diversifying industrial design applications. Canada is a leader in the development of clean energy solutions and green technologies. Industrial design products in this sector, such as solar energy equipment, wind turbines, and energy storage systems, have great growth potential due to the increasing demand globally. Canada’s information and communications technology (ICT) industry is very developed, with many of the world’s leading technology companies based here. Industrial design products in the ICT sector, such as mobile devices, software and applications, have strong growth potential thanks to continuous innovation and high market demand. Canada has a creative, dynamic community and strong support for the handicraft industries. Industrial design products in this sector, such as fashion, jewelry, and handicraft products, have good growth potential thanks to the creativity and high skill of Canadian designers and artisans. Therefore, more and more individuals and organizations want to register industrial designs in Canada, Viet An Law would like to guide the above procedure through the article below.
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Legal Basis
Industrial Designs Act (R.S.C., 1985, c. I-9)
Definition of Industrial Design in Canada
In Canada, an industrial design is defined as visual characteristics of shape, configuration, pattern, or decoration, or any combination of these, applied to a finished product. It includes the aesthetic aspects of a product that are attractive and evaluated only with the naked eye.
Conditions for registering an industrial design in Canada
Novelty: The design must be new, not publicly disclosed anywhere in the world prior to the filing date or within one year prior to the filing date if the application was filed under a prior priority claim.
Originality: The design must be original, must not be a copy of an existing design, and must show some creative effort by the designer.
Aesthetics: The design must be evaluated only with the naked eye. It should not be decided by function alone.
Application of the design: The design must be applied to a complete product i.e. it must be incorporated into a product that is ready for sale or use.
Types of industrial designs that can be registered in Canada
Shape and configuration: This form refers to the representation of a three-dimensional image of a product, including its overall appearance, lines, and structure. For example, the shape of a car, the design of a seat, or the contours of a bottle.
Patterns and decorations: This form refers to the representation of a two-dimensional image of a product, including any decorative elements, patterns, or surface decorations. For example, patterns on fabric, designs on wallpaper, or graphics on t-shirts.
Both types of industrial designs can be registered in Canada, as long as they meet the requirements for novelty, originality, and aesthetics. It is important to note that industrial design protection only extends to the form of the product and does not include functional aspects, such as how it works or how it is manufactured.
In addition to these two main categories, industrial designs can also be applied to register for other aspects of the product, such as:
Color: The specific color or color combination applied to the product.
Typography: The design of the letters and characters used in the trademark or label of the product.
Graphical User Interface (GUI): The visual design of the software interface, including icons, buttons, and menus.
Industrial Design Search in Canada
Canadian Industrial Designs Database
It is the official database maintained by the Canadian Intellectual Property Office (CIPO). The system allows users to search for registered industrial designs using various criteria, such as:
Basic Search: Search by registration number, complete product name, or applicant/owner name.
Advanced search: Use a combination of search criteria, including taxonomic codes, dates, and other details.
Status Search: Search for designs based on their current status (e.g., registered, pending, expired).
IP Horizons – Batch Data: Access bulk data on industrial designs for analysis.
Some third-party companies offer specialized search engines for industrial designs in Canada and other countries. For example, Canadian Intellectual Property Agents and Associates: http://cipalaw.com/DesignSearch.html
Application for Industrial design registration in Canada
Application Form: The application form includes the following information:
Name, address, nationality and contact information of the applicant (and representative, if applicable);
Title of industrial design;
Specifies the products to which the style will be applied (Product Type).
International Classification Code for Industrial Designs (Locarno Classification).
Representative image of the style:
Drawings, photographs, or other graphic images of the design.
These images need to clearly represent all angles of the style (front, back, side, top, bottom, perspective, etc.).
A maximum of 7 images can be submitted.
Priority documentation (if applicable): If a priority claim is from a previous application filed in another country, the applicant will need to submit a certified copy of the previous application.
Power of attorney (if applicable): If the applicant files through a representative (e.g., attorney or intellectual property representative), the applicant will need to provide a power of attorney that allows them to act on behalf of the applicant.
Other documents, if any:
Copyright claim (if the applicant is not the creator of the design).
The transfer document (if the rights to the design have been transferred).
Industrial design registration in Canada under the Hague Agreement
What is the Hague Agreement on the Industrial design registration?
The Hague Agreement on the Industrial design registration (referred to as the Hague Agreement) is an international treaty administered by the World Intellectual Property Organization (WIPO). This agreement provides an international registration system for industrial designs that makes it easy for individual designers and businesses to protect their designs on a global scale.
Benefits of registering industrial design protection through the Hague Agreement
Simple: Instead of having to file an individual application in each country, the applicant only needs to file a single application in one language (English, French or Spanish) and pay in one currency (Swiss franc) to apply for protection in multiple member states.
Savings: Significantly reduces costs compared to filing individual applications in each country.
Centralized Management: Easily manage the applicant’s portfolio of registered industrial designs through a single system.
Flexibility: The applicant can choose the countries in which you want to protect your industrial design.
Dossier of registration for protection of industrial designs under the Hague Agreement
A dossier for registration of an industrial design under the Hague Agreement includes the following documents:
International Registration Declaration:
The applicant completes the application according to WIPO’s prescribed form in one of three languages: English, French or Spanish.
In the application, it is necessary to clearly specify the application for protection under the 1999 Document or the 1960 Document of the Hague Agreement.
List the countries in which the applicant wishes to protect his industrial design.
Images or drawings of the industrial design: the image needs to clearly and fully show the perspectives of the industrial design that the applicant wants to register. The applicant also needs to pay attention to ensuring the quality of good and clear images or drawings.
Documentation of payment of fees: The applicant notes that the international registration fee should be paid in accordance with WIPO regulations.
Industrial design registration services in Canada by Viet An Law – IP Firm
Perform the search and notify the customer in writing of the results of the industrial design search in Canada;
Drafting dossiers and directly filing and monitoring the status of industrial design applications in Canada on behalf of the industrial design owner;
Notifying, advising and handling deficiencies/refusals of competent State agencies (if any) in the process of monitoring industrial design applications in Canada;
Assist in monitoring and representing the resolution of objections and feedback to the intellectual property representative who performs the procedure in Canada.
Receive official dispatches, certificates and hand over to customers (if any).
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