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INTELLECTUAL PROPERTY RIGHTS
NATIONAL LEGISLATION - CANADA
Industrial Designs Rules -- C.R.C., C. 964
Industrial Designs Rules -- C.R.C., C. 964
File : CRC964.TXT
Enabling statute : I-9
Regulation : C.R.C., C. 964
Updated to : April 30, 1999
Note: This consolidation is not an official version of the regulation. Also, because this file is text-only, it does not contain formatting or graphics.
Industrial Designs Rules
C.R.C., c. 964 No amendments since 1993/12/29
Industrial Designs Rules (C.R.C., c. 964)
1. These Rules may be cited as the Industrial Designs Rules.
2. In these Rules,
"Act" means the Industrial Design Act; (Loi)
"agent" means a person or firm appointed by an applicant to act on the applicant's behalf for the purposes of these Rules; (mandataire)
"applicant" means a person who is named as the proprietor of the design in an application; (demandeur)
"application" means an application for registration of a design filed pursuant to section 4 of the Act; (demande)
"Commissioner" means the Commissioner of Patents; (commissaire)
"Office" means the industrial design section of the Office of the Commissioner of Patents; (Bureau)
"representative for service" means a person or firm in Canada who is appointed by an applicant or registered proprietor to receive documents that are to be served on the applicant or registered proprietor for the purposes of these Rules. (représentant aux fins de signification) SOR/93-297, s. 1.
3. (1) All communications intended for the Office shall be addressed to the Commissioner.
(2) Correspondence addressed to the Commissioner shall be considered to be received by the Commissioner on the day that it is delivered to one of the following establishments, where the delivery is made during the ordinary business hours of that establishment,
4. (1) Subject to subsection (2), all communications relating to an application or a registration of a design shall be in writing.
(2) An applicant or agent may make an oral request to correct an error in an application that is obvious on the face of the application. SOR/93-297, s. 1.
5. (1) Subject to subsection (2), correspondence addressed to the Commissioner in relation to an application or a registration of a design shall be restricted to one application or one registration of a design, as the case may be.
(2) Subsection (1) does not apply in respect of correspondence relating to
6. (1) Every person who is required by the Act or these Rules to furnish an address shall provide the Commissioner with a complete address, including a street name and number, at which the person can be located by the Commissioner.
(2) A person may, and where the address referred to in subsection (1) is not the postal address of the person, the person shall also provide the Commissioner with a complete postal address. SOR/93-297, s. 1.
7. (1) Correspondence relating to an application shall include
(2) Correspondence relating to a registration of a design shall include
7.1 (1) Subject to subsection (2), the Commissioner shall conduct correspondence relating to an application with
(2) The Commissioner shall conduct correspondence relating to an application with an agent, where the agent
7.2 The Commissioner shall not consider any correspondence relating to an application that has been received from any person or firm other than the person or firm with whom correspondence on the subject of the application may be conducted pursuant to section 7.1. SOR/93-297, s. 1.
[SOR/93-297, s. 1]
8. (1) An assignment presented for registration against an application for registration of an industrial design or against a registered industrial design shall be the original document of a typed or printed copy thereof, certified to be a true copy before a notary public or by the proper officer of a public office in which the original document was recorded.
(2) If an assignment is accompanied by a duplicate or a notarially certified copy thereof, the duplicate or copy shall be returned by the Commissioner with a certificate of registration, but if an assignment is not so accompanied, the Commissioner shall notify the person who presented it for registration of the number and date under which and of the application or registered industrial design against which it has been registered.
9. (1) An application shall not be treated as entitled to the right accorded by section 29 of the Industrial Design Act unless, while the application is pending, the applicant
(2) The Commissioner of Patents
10. (1) Subject to subsection (2), the Commissioner shall not recognize a person or firm as an agent unless the applicant or the person or firm provides the Commissioner with a written notice signed by the applicant, that states that the person or firm is the agent.
(2) Subsection (1) does not apply where the agent who is communicating with the Commissioner has signed the application or transmitted it to the Commissioner.
(3) Where the Commissioner receives correspondence from a person or firm who claims to be an agent but in respect of whom no written notice has been given pursuant to subsection (1), the Commissioner shall advise the person or firm in writing that the person or firm has 60 days from the date of the advisement to file a written notice signed by the applicant, that states that the person or firm is the agent.
(4) Where a written notice is received within the time period referred to in subsection (3), the Commissioner shall consider the correspondence to have been filed on the date that the correspondence was actually filed.
(5) Where a written notice is not received within the time period referred to in subsection (3), the Commissioner shall remove the correspondence from the file and shall consider it not to have been filed. SOR/93-297, s. 2.
11. A notice or a proceeding relating to an application or registration of a design that is sent to, or served on, a representative for service has the same effect as if the notice were sent to, or the proceeding served on, the applicant or the registered proprietor, as the case may be. SOR/93-297, s. 2.
12. (1) An application shall be made in the form set out in the schedule.
(2) An application shall relate to one design only.
(3) An application shall not be considered to relate to more than one design if the application relates to designs that do not differ substantially from one another.
(4) Where the Commissioner finds that an application does not comply with subsection (2), the applicant shall, on being so advised by the Commissioner, limit the application to one design only and any other design disclosed may be made the subject of a separate application if it is filed before the registration of a design based on the original application.
(5) Where an original application referred to in subsection (4) is abandoned, the time period for filing the separate application referred to in subsection
(4) terminates with the expiration of the time period set out in section 17 for reinstating the original application.
(6) The separate application referred to in subsection (4) shall have the same filing date as the original application. SOR/93-297, s. 2.
13. In addition to the information and material required by subsection 4(1) of the Act, an application shall contain the following information, namely,
14. An application shall be clearly and legibly printed on sheets of good quality white paper that are
15. (1) A drawing included in an application shall be made with clear, permanent black lines.
(2) A photograph included in an application shall be in black and white.
(3) A drawing or photograph referred to in subsections (1) and (2), respectively, shall be on paper
(4) All views on a drawing or photograph shall
(5) In a case of a set or variants, all views in each drawing or photograph shall show all the features of the design. SOR/93-297, s. 2; SOR/93-584, s. 1.
16. (1) Subject to subsection (2), an applicant may amend an application at any time prior to the registration of a design by submitting information and material in support of the amendment to the Commissioner.
(2) The Commissioner shall not accept any amendment to an application that would substantially alter the design to which the application relates. SOR/93-297, s. 2.
17. A request pursuant to subsection 5(4) of the Act for reinstatement of an application shall be made within six months after the date on which the application was considered to have been abandoned pursuant to subsection 5(3) of the Act or two years after the coming into force of this section, whichever is the later. SOR/93-297, s. 2.
18. A request for priority under paragraph 29(b) of the Act shall be made by filing, within six months after the date of filing of the application to register the design, a declaration indicating the country in which the previous application to register the same design was made and its date of filing in that country. SOR/93-584, s. 2.
19. (1) The registered proprietor of a design shall, before the expiration of the five year period beginning on the date of the registration of the design, pay the prescribed fee, set out in item 5 of Schedule II, for the maintenance of the registration.
(2) Where the registered proprietor of a design does not comply with the requirements of subsection (1), the registered proprietor may, on application to the Commissioner, maintain the registration of the design if
20. (1) Any person for whom the Commissioner renders an act or a service described in column I of an item of Schedule II shall pay to the Receiver General for Canada the fee set out in column II of that item.
(2) The fee referred to in subsection (1) shall be paid in Canadian funds at the time the act or service is requested. SOR/93-584, s. 2.
The applicant,_________________________________ (name of applicant) whose complete address is _______________________________________________________________ hereby requests registration of a design _________________________________________ ____________________________________________ (title identifying article) of which the applicant is the proprietor.
The design was not, to the proprietor's knowledge, in use by any person other than the first proprietor at the time the design was adopted by the first proprietor.
Description of the design:____________________________________________________ _______________________________________________________________________
Drawing(s)/photograph(s) of the design is(are) included.
Signed at _____________________________ on ________________________________ (date) (place)
_____________________________________ Signature of Applicant
Agent for the Applicant
SOR/91-450, s. 1; SOR/93-297, s. 3; SOR/93-584, s. 3.
(Subsections 19(1), (2) and 20(1))
SOR/93-584, s. 4.