Launch of public consultations on amendments to the Industrial Design Regulations
December 9, 2017 – Gatineau – Canadian Intellectual Property Office
The Government of Canada is conducting public consultations on proposed amendments to the Industrial Design Regulations (the Regulations) through the Canada Gazette, Part I. The period for public comment is 30 days, between December 9, 2017 and January 8, 2018.
The primary objective of changing the Regulations is to allow Canada to accede to the Hague Agreement Concerning the International Registration of Industrial Designs (the Hague Agreement), which would provide Canadians with access to an international registration system that allows the intellectual property (IP) of industrial designs to be protected in multiple jurisdictions through a single streamlined process. A second objective is to modernize Canada’s industrial design regime by updating, clarifying, codifying and improving aspects of the regulatory framework. Together, these measures will better serve clients, lower costs and improve the ease of doing business.
The proposed regulatory amendments are aligned with the Government’s plan to develop a new IP strategy to help ensure that Canada’s IP regime is modern, robust and supports Canadian innovation in the 21st century. In addition to amending the industrial design framework to join the Hague Agreement, the Canadian Intellectual Property Office (CIPO) is working to amend the trademarks and patent frameworks so that Canada can join four other widely adopted international IP treaties administered by the World Intellectual Property Organization: the Madrid Protocol, the Singapore Treaty and the Nice Agreement for trademarks, and the Patent Law Treaty.
The draft Regulations have been developed in close collaboration with stakeholders, including initial consultations on the drafting instructions in 2016 and consultations on an earlier draft of the Regulations in 2017.
We encourage Canadians to share comments and views which will be considered prior to finalizing the Regulations for publication in Canada Gazette, Part II.
“A strong intellectual property system is key to encouraging innovation, attracting investment, and helping businesses succeed in the global marketplace. We encourage Canadians to provide their comments on the proposed regulatory amendments to the Industrial Design Regulations.”
– Johanne Bélisle, CIPO’s Commissioner of Patents, Registrar of Trademarks and Chief Executive Officer
The Hague Agreement is administered by the World Intellectual Property Organization, the United Nations agency which is the global forum for IP services, policy, information and co-operation.
Joining the Hague Agreement will enable Canadians to use a system which allows applicants from member countries to register up to 100 industrial designs in multiple jurisdictions through one application, in one language, with fees paid in one currency (Swiss francs) in a single transaction.
Canada’s membership in the Hague Agreement will also provide foreign businesses in member countries reciprocal advantages in applying for industrial design protection in Canada.
There are currently 66 countries or regional associations that are part of the Hague Agreement, including most of Canada’s major trading partners such as the European Union, the United States, Japan and South Korea.
Innovation, Science and Economic Development Canada
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