Industrial Design Regulations (SOR/2018-120)

Priority

Marginal note:Non-application of subsections 8.1(1) to (3) of Act

• 45 (1) Subsections 8.1(1) to (3) of the Act do not apply to a Hague application or to a divisional application resulting from a Hague application.

• Marginal note:Request for priority

  (2) For the purpose of paragraph 8(1)(c) of the Act, the applicant must not submit a request for priority to the Minister in respect of a Hague application or a divisional application resulting from a Hague application.

• Marginal note:Deemed request for priority

  (3) For the purpose of paragraph 8(1)(c) of the Act, the applicant is deemed to have made a request for priority in respect of a Hague application or a divisional application resulting from a Hague application on the basis of a previously regularly filed application if the corresponding international registration contains

  • (a) a declaration claiming the priority of the previously regularly filed application in respect of the design that is the subject of the Hague application; and

  • (b) an indication of the filing date and the name of the country or office of filing of the previously regularly filed application.

Applications and Documents Made Available to Public

Marginal note:Article 10(5) of Hague Agreement

• 46 (1) Despite subsection 8.3(1) of the Act, the Minister must not make available to the public a copy of an international registration or any statement, document or specimen sent by the International Bureau to the Minister under Article 10(5) of the Hague Agreement except in accordance with that Article.

• Marginal note:Non-application of subsections 8.3(3) to (6) of Act

  (2) Subsections 8.3(3) to (6) of the Act do not apply to a Hague application or to a divisional application resulting from a Hague application.

Duration of Exclusive Right

Marginal note:Non-application of section 10 of Act

• 47 (1) Section 10 of the Act does not apply to a Hague registration.

• Marginal note:Term

  (2) The term limited for the duration of an exclusive right in relation to a design that is the subject of a Hague registration

  • (a) begins on the date of registration of the design; and

  • (b) ends on the earlier of

    • (i) the later of the end of 10 years after the date of registration of the design and the end of 15 years after the filing date of the corresponding Hague application, and

    • (ii) the date of the expiry, in respect of Canada, of the international registration in respect of that design.

Transfers

Marginal note:Non-application of subsections 13(2) to (6) of Act

48 Subsections 13(2) to (6) of the Act do not apply to a Hague application or to a Hague registration.

Marginal note:Attestation

49 The Minister must, on request, provide to the transferee of an international registration an attestation that the transferee appears to be the successor in title of the holder if

• (a) the holder is a national of Canada or has a domicile, a habitual residence or a real and effective industrial or commercial establishment in Canada; and

• (b) the transferee submits to the Minister

  • (i) evidence satisfactory to the Minister that the transferee appears to be the successor in title of the holder, and

  • (ii) a statement to the effect that the transferee made efforts to obtain the signature of the holder or their representative on a request to record the change in ownership and that their efforts were not successful.

Appeal or Invalidation

Marginal note:Non-application of sections 22 to 24 of Act

• 50 (1) Sections 22 to 24 of the Act do not apply to a Hague registration.

• Marginal note:Appeal to Federal Court

  (2) An appeal lies to the Federal Court from a refusal by the Minister under subsection 6(1) of the Act of a Hague application no later than two months after the day on which notice of the refusal was sent by the Minister.

• Marginal note:Refusal reversed

  (3) If, in the final judgment given in the appeal, the refusal by the Minister is reversed, the Minister must send a statement of grant of protection in respect of the design to the International Bureau.

• Marginal note:Jurisdiction

  (4) The Federal Court has exclusive jurisdiction, on application of the Minister or any interested person, to make an order invalidating a Hague registration on the ground that the design was not registrable on the date of registration.

• Marginal note:Notification to International Bureau

  (5) If, in the final judgment given in a proceeding under subsection (4), a Hague registration is invalidated, the Minister must notify the International Bureau of the invalidation.

• Marginal note:Certified copy

  (6) An officer of the Registry of the Federal Court must send to the Minister a certified copy of every judgment or order of the Supreme Court of Canada, the Federal Court of Appeal or the Federal Court relating to a Hague registration.

Corrections

Marginal note:Notification of refusal of correction

• 51 (1) If the International Bureau modifies the International Register to correct an error concerning an international registration designating Canada and the Minister considers that the effects of the correction cannot be recognized, the Minister must so declare in a notification of refusal of the effects of the correction sent to the International Bureau no later than 12 months after the day on which the correction is published by the International Bureau in the International Designs Bulletin.

• Marginal note:Opportunity to reply

  (2) The holder may reply to the notification within the time specified in the notification.

• Marginal note:Notification of withdrawal of refusal

  (3) If, after considering a reply provided under subsection (2), the Minister considers that the effects of the correction can be recognized, the Minister must send to the International Bureau a notification of withdrawal of refusal of the effects of the correction.

• Marginal note:Amendment — Hague application or Hague registration

  (4) If the International Bureau modifies the International Register to correct an error concerning an international registration designating Canada and one of the circumstances set out in subsection (7) applies, the correction is effective in Canada and any corresponding Hague application or Hague registration is deemed to be amended accordingly.

• Marginal note:Effective date

  (5) For the purpose of paragraphs 25(2)(c) and (d), a correction under subsection (4) is deemed to take effect on the filing date of the corresponding Hague application.

• Marginal note:No effect

  (6) If the International Bureau modifies the International Register to correct an error concerning an international registration designating Canada that corresponds to a Hague application or a Hague registration and neither of the circumstances set out in subsection (7) applies, the correction has no effect in Canada.

• Marginal note:Circumstances

  (7) For the purpose of subsections (4) and (6), the circumstances are as follows:

  • (a) the Minister does not, on or before the day that is 12 months after the day on which a correction of an error concerning an international registration designating Canada is published by the International Bureau in the International Designs Bulletin, send a notification of refusal under subsection (1) to the International Bureau; and

  • (b) the Minister sends a notification of withdrawal of refusal of the effects of the correction under subsection (3) to the International Bureau.

Extension of Time

Marginal note:Non-application of section 21 of Act

52 Rule 4(4) of the Common Regulations applies, and section 21 of the Act does not apply, to the time periods referred to in sections 43, 44 and 51 of these Regulations.

Transitional Provisions

Marginal note:Definition of former Regulations

• 53 (1) In this section, former Regulations means the Industrial Design Regulations as they read immediately before the day on which these Regulations come into force.

• Marginal note:Filing date

  (2) In respect of an application whose filing date, determined under the Act as it read immediately before the day on which these Regulations come into force, is before the day on which these Regulations come into force, or in respect of a design registered on the basis of such an application,

  • (a) the requirements of subsections 8(2) and 9(1), paragraphs 9(2)(a) to (d) and sections 9.1 to 13, 16 and 20 of the former Regulations are substituted for the requirements of sections 10, 11, 14 to 21 and 24 to 32 of these Regulations;

  • (b) for the purpose of subsection 10(2) of the Act as it read immediately before the day on which these Regulations come into force‎, the prescribed period begins five years after the date of registration of the design and ends 10 years after the date of registration of the design; and

  • (c) subsection 22(1) of these Regulations does not apply to that application, and the Minister must examine it to determine if the design meets the requirements for registration under the Act as it read immediately before the day on which these Regulations come into force.

Repeal

54 The Industrial Design RegulationsFootnote ¹ are repealed.

• Return to footnote ¹SOR/99-460

Coming into Force

Marginal note:S.C. 2014, c. 39

Footnote ^*55 These Regulations come into force on the day on which section 102 of the Economic Action Plan 2014 Act, No. 2, comes into force.

• Return to footnote ^*[Note: Regulations in force November 5, 2018, see SI/2018-45.]