IP Primer - Industrial Designs

Industrial Designs

According to the Industrial Design Act, and "industrial design" generally means features of shape, configuration, pattern or ornament and any combination of those features that, in a finished article, appeal to and are judged solely by the eye (examples include shapes of chairs, pattern of fabric, or ornamentation on picture frames). The article must be made or able to be made by an industrial process. Registration of an industrial design under the IDA gives the proprietor of the design the exclusive right to the design for a period of ten (10) years. During the existence of that exclusive right, no person shall, without the licence of the proprietor of the design,

(a) make, import for the purpose of trade or business, or sell, rent, or offer or expose for sale or rent, any article in respect of which the design is registered and to which the design or a design not differing substantially therefrom has been applied; or

(b) do, in relation to a kit, anything specified in paragraph (a) that would constitute an infringement if done in relation to an article assembled from the kit.