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ARTICLE · 30 SEPTEMBER 2008

Infringement Of Industrial Designs

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A recent decision of the Superior Court of the Province of Québec decided that the defendant had infringed the plaintiff's industrial design.

CanadaIntellectual Property
John McKeown
John McKeown
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INFRINGEMENT OF INDUSTRIAL DESIGNS

A recent decision of the Superior Court of the Province of Québec decided that the defendant had infringed the plaintiff's industrial design.

Industrial Designs

A design for the purposes of the Industrial Design Act means features of shape, configuration, pattern or ornament and any combination of those features that, in a finished article, appeal to or are judged solely by the eye.

In order to register a design, an applicant must file an application which includes a declaration that the design was not, to the proprietor's knowledge, in use by a person other than the applicant at the time the design was adopted by the applicant. In other words, the design must be original and there must be some substantial difference between the new applied-for design and pre-existing designs.

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