Modernizing Canada's Industrial Design Regime—An Overview
CIPO is making progress towards modernizing Canada's intellectual property (IP) framework. Implementing widely adopted international treaties in Canada will allow businesses to be better positioned to compete globally through a cost-effective means for obtaining reliable and high quality IP rights in multiple jurisdictions. A modernized industrial design regime will help Canadian businesses stay competitive in international markets by giving them an efficient means of protecting their intellectual property in various jurisdictions around the world. A regime that is aligned with other jurisdictions will lower the cost and increase the ease of doing business in Canada to the benefit of both Canadian businesses and those looking to protect their IP in Canadian markets.
Regarding industrial design, CIPO will be signing onto the Hague Agreement. Joining this treaty means key benefits for businesses:
- One application, one payment, one currency, one place—Applicants can choose to apply for industrial design protection in up to 66 territories via one application form sent to one location and paying one time in one currency.
- Harmonized administrative procedures and formalities—Similar and standardized industrial design procedures will lead to efficiencies, administrative savings and reduced compliance costs for businesses.
Work is well underway in Canada to become a signatory to the agreement. We have updated the Industrial Design Act to facilitate Canada's accession to the Hague System and are now changing the Industrial Design Regulations. CIPO has drafted proposed Regulations to carry out the amendments that were made to the Act. CIPO has also proposed changes that, in addition to being consistent with the spirit of the Agreement, will further modernize Canada's domestic industrial design regime.
The following is a summary of the Hague Agreement and an overview of the proposed regulatory changes.
The Hague Agreement provides a mechanism for acquiring, maintaining and managing design rights in member countries and intergovernmental organizations through a single international application filed with the International Bureau of the World Intellectual Property Organization (WIPO).
The Hague Agreement allows users to save time and money by enabling them to easily and swiftly apply for design protection in multiple markets, as a single international application replaces a whole series of applications which would have been sent to different national (or regional) Offices.
Proposed changes to Canada's Regulations include
Part 1 – Rules of General Application
This part contains rules that will apply to both national and Hague applications. It provides more flexibility in terms of communications and dealings with the Office, and aligns application requirements with international standards.
Part 2 – Implementation of the Hague Agreement
This part contains all new requirements necessary to implement the Agreement. The provisions were drafted with the goal of minimizing differences in format, content and treatment of a national design application and one received through the Hague System.
Learn more about the proposed regulatory changes and the consultation process
- Read the Industrial Design Regulations—Consultation Document to learn more of the details of the proposed amendments
- Review the proposed Industrial Design Regulations
- View a video information session
- Follow us on Twitter and LinkedIn
Submit feedback about the proposed Industrial Design Regulations by visiting our submissions page.
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