Industrial design law in Canada protects the visual
features of shape, configuration, pattern or ornamentation which
are applied to a product. Functional elements are not
protected.
Think of the unique shape of a bottle. The functional elements -
such as a handle, a cap or lid - those elements could not be
protected by industrial design, but design elements like a curved
neck, or say a ridged pattern or other ornamental features could be
protected.
If the article or product has been "published" (i.e.,
it's been made public or offered for sale or use) then it
won't be eligible for protection. However, if the product or
article has been "published", there is a 12 month grace
period in which to obtain registration. So timing is important and
protection can be lost if the product launch is not coordinated
with IP rights protection.
