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Industrial Design infringement

Region: Ontario Answer Number: 334

Industrial design infringement occurs when someone applies a registered industrial design or a design not differing substantially, to an article, for the purposes of sale, rental, or exposure for sale, without the permission of the owner. The Industrial Design Office of the Canadian Intellectual Property Office (CIPO) will not prevent others from infringing on the rights of the registered owner. It is up to the owner of a registered design to ensure that no one else is using it.

What to do if someone infringes your industrial design

If someone copies or imitates your registered industrial design and you wish to take legal action, there is a limitation period of three years for bringing an action for design infringement. Delay in taking action against an infringer can also result in prejudice. If the infringement is proven, the court can order the infringer to stop using your design and to pay you compensation.

For more information, refer to the Canadian Intellectual Property Office.

For legal assistance if someone infringes your registered industrial design, or with other intellectual property matters, contact our preferred lawyers and see who’s right for you: 

Bereskin & Parr

Gilbert's LLP

 



Bereskin & Parr Intellectual Property ON All Topics March 21, 2018Bereskin & Parr Intellectual Property ON All Topics March 21, 2018

Gilbert’s LLP Intellectual Property ON All Topics March 21, 2018Gilbert’s LLP Intellectual Property ON All Topics March 21, 2018




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