IP/N/1/CAN/23, IP/N/1/CAN/D/4

Canada

Industrial Design Regulations

Further to amendments made to the Industrial Design Act by Bill C-43, A second Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures (see notification IP/N/1/CAN/D/3), which have now entered into force, the new Industrial Design Regulations (SOR/2018-120) facilitate Canada’s accession to the Hague Agreement Concerning the International Registration of Industrial Designs (Hague System), carry out the amendments that were made to the Industrial Design Act, and further modernize Canada’s domestic industrial design regime. Highlights to the changes in the Regulations include the following: • Electronic communications are deemed received 24/7, regardless of whether the Canadian Intellectual Property Office (CIPO) is open or closed to the public; • Filing date requirements have been simplified to align with international standards; • Application requirements have been simplified; • An applicant no longer needs to provide signed authorization to appoint an agent; and • The Regulations contain specific provisions that apply only to international registrations that designate Canada and that are received from the World Intellectual Property Organization. Transitional provisions outline how the office will process an application received before the coming into force. Together with the amendments made under Bill C-43, these amendments enabled Canada to accede to the Hague System on November 5, 2018, and to significantly modernize its industrial design regime.

Industrial Design Regulations: https://laws-lois.justice.gc.ca/eng/regulations/SOR-2018-120/FullText.html Industrial Design Act (as amended): https://laws-lois.justice.gc.ca/eng/acts/i-9/FullText.html Bill C-43, A second Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures: https://www.parl.ca/DocumentViewer/en/41-2/bill/C-43/royal-assent

Innovation, Science and Economic Development Canada Canadian Intellectual Property Office Copyright and Industrial Design Branch 50 Victoria Street, Room C-114 Place du Portage, Phase I Gatineau, Quebec, Canada K1A 0C9 Telephone: 819-934-5630

https://members.wto.org/crnattachments/2019/IP/CAN/19_3339_00_e.pdf
https://members.wto.org/crnattachments/2019/IP/CAN/19_3339_00_f.pdf