Canadian Design Protection
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The Canadian Design system differs in several aspects from the UK EU system.
First, although it will allow a 12 month grace period for the design to be
tested prior to registration, it does not have any form of unregistered
protection and as such if this period is used the design will not be protected
during that time. Where other applications have been filed prior to Canada these
must not predate such an application by more than six months.
The Canadian design rules include the requirement that a design should have
‘eye appeal’ to qualify for registration. Also part of the examination process
includes a search of existing Canadian registered designs and designs published
worldwide for comparison purposes. Where as both of these elements no longer
forms part of the UK or EU registered design system.re is a twelve months grace
period in terms of disclosure/publication of a design.
A design will not be approved for registration if it falls under any of the
- designs that are utilitarian only and which are not intended to
provide visual appeal;
- designs that have no fixed appearance (for example, holograms);
- designs for components that are not clearly visible (for example,
features that are hidden from view or features that are too small to have
appeal to the eye);
- a method of construction;
- an idea;
- materials used in the construction of an article;
- the useful function of the article, as this properly comes within
the scope of patents
- colour (although one can protect a pattern that may be created by an
arrangement of contrasting tones).
As part of the application a description which identifies the features for
which registration is sought is required. In line with the requirement for ‘eye
appeal’ the guidance provided by the Industrial Designs Office states that this
must only include the visual aspects; it should not refer to how the article was
made, what it is made of, how it functions, its size or its dimensions.
Duration of right is shorter than the maximum period of 25 years offered
under the UK Registered Design Act. Instead a period of 10 years is available
subject to payment of renewal fee after the first 5 years.
About the Author
Lawdit Solicitors offer services and
advice for litigation, commercial contracts, Intellectual Property and IT legal
agreements. We are experts in commercial law with a heavy emphasis on
Intellectual Property, Internet and e-commerce law. Lawdit is a member of the
International Trademark Association, the Solicitors' Association of Higher Court
Advocates and we are the appointed Solicitors to the largest webdesign
association in the world, the United Kingdom Website Designers Association.
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Article Published/Sorted/Amended on Scopulus 2007-05-29 21:20:56 in Legal Articles