Area of Law: Intellectual Property
Answer Number: 334
Industrial Design infringementRegion: 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.
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