Industrial Designs Lawyers and Law Firms

What is Industrial Design Law?

Industrial design law in Canada is governed by the Industrial Design Act and its associated regulations. Industrial design is defined as the visual features of shape, configuration, pattern or ornament, or any combination of these features, applied to a finished article created by hand, tool, or machine.

In order to be eligible for protection under Canadian law, an industrial design must be original and not previously disclosed to the public. Once registered with the Canadian Intellectual Property Office (CIPO), the owner of an industrial design has the exclusive right to use it for up to 10 years from the date of registration.

Infringement of an industrial design occurs when someone else uses, imports, sells, or rents a product that is identical or substantially similar to the registered design without the owner's permission. In such cases, the owner can take legal action to prevent further infringement and seek compensation for damages suffered.

Canadian industrial design law provides an important tool for businesses and individuals to protect their creative works and prevent others from using them without permission. It also promotes innovation by encouraging the creation of new and original designs.