Industrial design protection in Canada is an important way to protect the rights of inventors, and businesses, from unauthorised use of their designs by competitors. Industrial designs are those that are applied to a manufactured product and can range from the shape of an object to its ornamentation. Industrial design protection provides the exclusive right to make use of the design for up to 15 years.
In Canada, industrial design protection is governed by the Canadian Intellectual Property Office (CIPO) which is part of Industry Canada. The CIPO administers the Copyright Act and Industrial Design Act, as well as all other regulations and policies related to intellectual property rights in Canada.
In order to obtain industrial design protection in Canada, an applicant must file an application with CIPO containing information about the product or service being protected. The application must include a description and drawings of the industrial design as well as details about who will have exclusive rights over it. Once approved, the applicant will receive an “Industrial Design Certificate” that grants them exclusive rights for up to 15 years for their design.
Renewal
It is important to note that industrial design protection does not last forever; after 15 years it expires, unless it is renewed. Renewal fees are due every five years starting on the sixth year following registration and must be paid in order for the industrial design protection to remain valid.
Infringement
If another person or company infringes upon your industrial design rights then you can take legal action against them for damages or injunctive relief (an order from a court prohibiting them from using your protected design). It is important that you consult with a lawyer prior to taking any legal action as there may be other solutions available such as negotiating a settlement or licensing agreement with the infringer.
Industrial design protection in Canada provides inventors, businesses and others with exclusive rights over their designs for up to 15 years. Renewal fees must be paid every five years in order for these exclusive rights to remain valid, otherwise they will expire after 15 years and someone else may be able to use your protected designs without having obtained permission from you first. In addition, if someone else uses your protected designs without having obtained permission from you first then you can take legal action against them for damages or injunctive relief.
Conclusion:
In conclusion, industrial design protection in Canada lasts up to 15 years provided that renewal fees are paid every five years; however if someone violates your protected designs then you can take legal action against them for damages or injunctive relief.
9 Related Question Answers Found
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