A design or industrial design is the visual features of shape, configuration, pattern or ornamentation and any combination of those features that, when applied to a finished article, appeal to and are judged solely by the eye. For example, an industrial design may be the shape of a car or the ornamentation and pattern applied to a set of shoes.
As an industrial design is judged solely by the eye, protection is afforded only to the externally visual aesthetic features of an original finished article. No protection extends to features that are dictated solely by a utilitarian function of the article or any method or principle of manufacture or construction, which may be protected by other forms of intellectual property including by a patent.
Importantly, there is no protection from unlawful imitation of your valuable IP asset without registration of your original industrial design with the Canadian Intellectual Property Office (CIPO). Unless your industrial design has been registered with CIPO, there is no legal protection to prevent a competitor from making or selling an article to which your industrial design has been applied.
A registration will provide you with legal title over your industrial design and protect and secure your intellectual property rights. Our professionals provide practical advice to ensure that your industrial designs are protected and your intellectual property rights are enforced.
Our industrial design services include:
· industrial design availability and registrability searches to advise on the selection and ability to register
a new industrial design in Canada
· agency services, including comprehensive searches, drafting of applications, filing and prosecution of
industrial design applications in Canada
· industrial design validity and infringement opinions
· conducting litigation to enforce or defend industrial design rights
· industrial design portfolio management and strategic advice
· industrial design licensing
· monitoring the activities of competitors and their licensees
· registering the industrial design abroad