Industrial design protection: a lawyer answers your questions
What is industrial design?
According to Section 2 of Quebec’s Industrial Design Act (IDA), an industrial design is a characteristic or combination of visual characteristics of a finished product, including configuration, pattern or decorative elements. For example, the distinctive red under Louboutin shoes is protected by an industrial design. However, to be protected, your product must be a finished object and cannot be a prototype that you wish to protect in advance.
| Examples of industrial designs |
|---|
| The red under Louboutin shoes |
| The shape of a Coca-Cola bottle |
| A specific printed pattern |
The importance of originality
According to Article 7 of the LDI, it is also important that your industrial design is new and original. Decision-makers will rely solely on the visual aspect of your product to determine its originality.
Types of intellectual property protection
There are several types of intellectual property protection, including :
| Type of protection | Description |
|---|---|
| Industrial drawings | Protects the visual aspects of a finished product |
| Patents | Protect new inventions |
| Trademarks | Protect what distinguishes your products or services |
| Copyrights | Protect artistic, musical, dramatic and literary works |
Why register your industrial design?
Registering your industrial design gives you exclusive ownership of the design and allows you to manufacture, lease, sell or use an object in which your design is registered. This protection lasts up to 10 years from registration, but renewal fees must be paid after 5 years of protection, in accordance with the LDI.
The risks of not protecting your design
If you don’t protect your design, you’ll have no title to the design, and no protection to prevent a competitor from using your design. Therefore, it is essential to register your design to benefit from industrial design protection.
Registration process
Industrial design registration process
Registering an industrial design is a multi-step process that requires careful attention to detail. Here is an overview of the key stages:
1. Preparing the application The first step is to prepare your application for registration. This includes gathering all the necessary information about your design, including a detailed description and clear illustrations. It’s important to note that your design should be a finished object, not a prototype. For example, if you have created a new design for a chair, you will need to provide detailed images of the chair from different angles.
2. Filingthe application Once you’ve prepared your application, you need to file it with theCanadian Intellectual Property Office (CIPO). This can be done online or by mail.
3. Application review Once your application has been submitted, CIPO will review your design to ensure that it is new and original. This examination may take several months.
“CIPO will rely solely on the visual appearance of your product to determine its originality.”
4. Publication of the application If your application is approved, it will be published in the Industrial Designs Journal. This gives others the opportunity to oppose your application.
5. Opposition to the application If someone objects to your application, you will have the opportunity to respond to the opposition. If no one objects, or if you succeed in overcoming the opposition, your design will be registered.
6. Design registration Once your design has been registered, you will receive a certificate of registration. This gives you the exclusive right to manufacture, rent, sell or use an object in which your design is registered for a period of up to 10 years.
7. Renewal of registration After 5 years, you will have to pay a renewal fee to maintain your registration. If you do not renew your registration, you will lose your rights to the design.
If you need help registering your industrial design in Canada or elsewhere, don’t hesitate to contact our team of intellectual property lawyers at Avocat-Montreal.ca. We’re here to help. We’re here to help.
