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.

Proving infringement of an industrial design is similar to proving infringement of a trademark, in that the “intentions” of the infringer are not relevant if you can prove your design was marked as registered. In determining whether a protected industrial design has been infringed, the court considers the relevant designs in the context of the trade in which the industrial design is used.

For information about intellectual property investigations, click here.

Get help

Industrial design laws are complicated. To get help, ask a lawyer now.

To conduct an investigation regarding intellectual property infringement, and for other investigation services, contact our preferred Investigators, MADPI GLOBAL .

								
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