On June 19, 2017, the Canadian Intellectual Property Office (CIPO) published proposed new Industrial Design Regulations. The Regulations are intended to implement and complement amendments to the Industrial Design Act that were passed by the Government of Canada in 2014. The amendments to the Act and Regulations are required to enable Canada to accede to the Hague Agreement, which provides a mechanism for international registration of industrial designs in over 60 countries.
The proposed new Regulations have been published by CIPO as part of a public consultation process. CIPO has indicated that in addition to amending the Regulations, it will also be updating the Industrial Design Office Practice Guide to reflect new procedures.
The new Regulations have provisions that apply only to Hague applications and Hague registrations, and other provisions that apply to both Hague applications and national applications. Among the most important changes proposed are the following:
- Section 17 will establish a presumption that "an application is deemed to relate to all of the features of shape, configuration, pattern or ornament" shown in the drawings or photographs. However, features can be disclaimed either by the use of stippled lines in the drawings or by a statement of limitation. A written description will no longer be mandatory, but will be optional.
- Section 25 will add new restrictions on how a pending application may be amended.
- Section 20 will impose new time limits on the filing of divisional applications.
Our full analysis of the proposed new Regulations will be forthcoming shortly. In the meanwhile, if you have any questions, please do not hesitate to contact any member of our Industrial Design Protection practice group.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
