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PreviousA Guide to Industrial Designs — Appendix II
Glossary
A
- Abandonment
- An application for an industrial design will be considered abandoned if the applicant fails to reply within the specified time to any report that sets out objections to registration.
- Application
- The formal request for an industrial design. The application has three basic elements: the application form, at least one drawing or photograph of the design, and the fees.
- Assignment
- The transfer of design rights from the owner to another party.
C
- Canadian filing date
- The date your completed application is officially received at the Industrial Design Office.
- Canadian Intellectual Property Office
- An agency of Industry Canada that administers Canada's intellectual property legislation and regulations regarding patents, trade-marks, copyright, industrial designs and integrated circuit topographies.
- Certificate of registration
- A certificate stating that the design has been registered in accordance with the Industrial Design Act.
- Convention priority
- Convention priority applies in countries (including Canada) that have signed an international treaty called the Paris Convention. It is a protocol that gives an applicant six months from the filing date in one country to subsequently file an application in another country. The subsequent application is considered as if it had been filed on the earlier date.
- Copyright
- The exclusive rights in literary, artistic, dramatic or musical works (including computer programs) and three other subject matter known as: performances, sound recordings and communication signals.
D
- Declaration
- Formal statement that you are the proprietor (owner) of the design and that, to your knowledge, no one else was using the design when you created it
- Description
- A description is a basic requirement of an application for an industrial design. It identifies the visual features of shape, configuration, pattern or ornament that comprise the design, and indicates whether the design resides in the entire article or a portion of it.
- Drawings
- Drawings and photographs disclose the industrial design and are a basic requirement of a design application.
E
- Examination
- The process through which the Industrial Design Office decides whether a design warrants registration. The main objective is to determine if the design is indeed design subject matter, that it is original and that the documentation meets the requirements of the Industrial Design Act and Industrial Design Regulations.
I
- Industrial Design Act
- Federal legislation governing registration and ownership of industrial designs in Canada.
- Industrial Design Division
- The office within the Canadian Intellectual Property Office responsible for the registration of industrial designs.
- Industrial designs
- Visual features of shape, configuration, pattern or ornament (or any combination of these) applied to a manufactured article.
- Infringement
- Violation of industrial design rights through unauthorized use of a design.
- Integrated circuit topographies
- Three-dimensional configuration of electronic circuits embodied in integrated circuit products or layout designs.
- Intellectual property
- The right to ownership and control over a form of creative endeavour that can be protected through a copyright, patent, trade-mark, industrial design or integrated circuit topography.
L
- Licence
- Legal agreement granting someone permission to use a work for certain purposes or under certain conditions. A licence does not constitute a change in ownership of the industrial design.
M
- Maintenance fee
- Fee required in order to maintain the rights to an industrial design for a second five-year period.
- Marking
- Signaling that a design is registered by placing a capital "D" in a circle, along with the name, or abbreviation, of the design's proprietor on the object to which the design has been applied, or to its label or packaging.
P
- Paris Convention for the Protection of Industrial Property
- An international treaty on intellectual property signed by 173 states, including Canada.
- Patents
- New inventions (process, machine, manufacture, composition of matter) or any new and useful improvement to an existing invention.
- Proprietor
- The proprietor of an industrial design is the owner of the design. This can be the person who created it, who paid to have it created or who bought the design rights from the owner.
- Publication
- Publication of a design is the act of making it public or available for commercial sale or use anywhere in the world.
R
- Registration
- The granting of exclusive rights to an industrial design by the Minister. This provides protection against imitation and unauthorized use of the design.
- Representative for service
- A person in Canada appointed by the applicant to receive documents on his/her behalf if the applicant has no place of business in Canada.
S
- Search
- The act of searching through registered and published designs to verify whether a design is original or whether it has been published for more than one year.
T
- Trade-marks
- Words, symbols or designs (or any combination of these) used to distinguish the wares or services of one person or organization from those of others in the marketplace.
