IP Canada Report 2021
Industrial designs

Industrial designs refer to the visual appearance of a finished article. By registering an industrial design, the proprietor obtains an exclusive right to the design, preventing competitors from using the same or a substantially similar design applied to the same or analogous finished article. CIPO received 8,064 industrial designs in 2020, representing a 20% increase compared with 2019. Overall, industrial design activity has increased 54% over the past 10 years, driven mainly by non-resident activity.

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Industrial designs filed in Canada

Figure 18 presents industrial designs filed at CIPO over a period of 10 years by residency status. A total of 8,064 industrial designs were filed in Canada in 2020, with a notable 20% increase compared with 2019. Of particular note for 2020, the month of April represented a record-breaking month for industrial design activity in Canada, with a total of 919 filings.

Of the total, 763 designs were filed by residents and 7,301 by non-residents. The 54% growth over 10 years is reflective of a steady increase in demand for industrial design protection in Canada, especially from international applicants. In fact, the number of industrial designs filed by non-residents have grown 65% since 2011. On the other hand, designs by residents were down 3% compared with 2011, due largely to 3 consecutive years of decline between 2017 and 2019. The 919 filings in April represented a record- breaking month for industrial design activity in Canada.

Figure 18. Industrial designs filed in Canada by residency status, 2011–2020
Figure 18 is a combined bar and line chart that show industrial design activity in Canada by residency status. Bars indicate annual activity by residents and non-residents. A line denotes total activity by both residents and non-residents.
Figure 18 – text version
Figure 18. Industrial designs filed in Canada by residency status, 2011–2020
Year Resident Non-resident Total
2011 790 4,437 5,227
2012 847 4,515 5,362
2013 846 4,500 5,346
2014 859 4,908 5,767
2015 797 5,049 5,846
2016 916 5,254 6,170
2017 815 5,718 6,533
2018 760 5,821 6,581
2019 694 6,014 6,708
2020 763 7,301 8,064

Figure 19 shows the top 6 countries filing for industrial designs in Canada in 2020. Compared with 2019, designs filed in 2020 from the United States increased 9%, solidifying Canada's neighbour as the top filer at CIPO, with 3,651 designs and 45% of all industrial design filing activity. Canada retained its second place as Canadians increased their filings in 2020 by 10%, with a total of 763 designs. Switzerland occupies the third place with 7% of the total activity, while China is fourth with 5%. More striking, however, is the respective increase of 72% and 97% in filings from these countries, compared with 2019. Germany and the United Kingdom complete the ranking, with Germany holding 4% of the total activity and a 17% increase compared with the previous year, while the United Kingdom increased its activity in Canada by 19% and was attributed with 3% of the designs filed in Canada. Combined, the industrial designs from these countries account for 65% of all filings in Canada and 71% of all non-resident activity.

Figure 19. Top 6 countries filing for industrial designs in Canada, 2020
Figure 19 is a bar chart. Each of the 6 bars represents 1 of the top 6 countries filing for industrial designs in Canada in 2020. The countries are the United States of America, Canada, Switzerland, China, Germany and the United Kingdom. The bars are sorted from left to right, by filing amounts. Inside each bar, the percentage indicates that country's share of the total number of filings in Canada. On top of each bar, an upward arrow indicates an increase over the previous year. The percentage inside the arrow indicates how much filings from that country increased compared with the previous year.
Figure 19 – text version
Figure 19. Top 6 countries filing for industrial designs in Canada, 2020
Industrial designs by country of origin 2020 % of total Δ 2020
United States of America 3,651 45% 9%
Canada 763 9% 10%
Switzerland 544 7% 72%
China 432 5% 97%
Germany 345 4% 17%
United Kingdom 244 3% 19%

Since the implementation of the Hague Agreement in 2018, CIPO has been able to receive industrial design applications via the Hague system. "International registrations designating Canada" is the term used to identify international applications filed via the Hague system that were registered by WIPO and sent to CIPO for examination. Of the 8,064 industrial designs received in 2020, a total of 2,948 were designs in international registrations that designated Canada. These designs represented 37% of the total received in Canada and 40% of the designs filed by non-residents. This indicates the increasing importance of the Hague system as filing option, considering that those 2 rates were 20% and 22% only 1 year before. Figure 20 presents the use of the Hague system by non-residents designating Canada,Footnote xiii showcasing the United Stated as the top Hague user filing in Canada, with 508 designs in international registrations; however, the proportion of those designs as a share of the total designs filed in Canada from that country is 14%. This rate is low when compared with that of the other 5 top filing countries, ranging from 74% in Italy to 86% in both Switzerland and the Republic of Korea. Clearly, non-resident applicants perceive Canada and the United States as a highly integrated market, and naturally, industrial design protection will be sought in the 2 jurisdictions, further justifying the use of the Hague system.

Figure 20. Top 6 countries filing for industrial designs using the Hague system and designating Canada, 2020
Figure 20 is a bar chart. Each of the 6 bars represents 1 of the top 6 countries filing for industrial designs in Canada in 2020 using the Hague system. The countries are the United States of America, Switzerland, Germany, France, the Republic of Korea and Italy. The bars are sorted from left to right by the number of designs filed. Each bar also identifies the proportion of designs in international registrations designating Canada over their total number of designs filed in Canada by that country. The percentage inside the bar quantifies this proportion. On top of each bar, an upward arrow with a percentage indicating how much the proportion in Hague activity increased in 2020.
Figure 20 – text version
Figure 20. Top 6 countries filing for industrial designs using the Hague system and designating Canada, 2020
Country of origin Designs in international registrations designating Canada Designs in international registrations designating Canada / total design filed in Canada by origin (right axis) Δ 2020
United States of America 508 14% 5%
Switzerland 467 86% 34%
Germany 271 79% 33%
France 159 85% 10%
Republic of Korea 133 86% 28%
Italy 130 74% 5%

Applications made via the Hague system can include up to 100 designs. The 2,948 designs received by CIPO from WIPO in 2020 were filed through 1,239 international registrations. This means that, on average, there were 2.4 designs per international registration. This ratio is slightly higher than that of the United States but below that of other top filing countries. Figure 21 ranks offices in descending order on the basis of the number of international registrations that designated the offices and presents the ratio of designs per international registration at the end of each bar.

Figure 21. Top destinations for industrial design filings via the Hague system and average number of designs per international registration, 2020
Figure 21 is a chart with 10 horizontal bars, 1 for each of the following industrial design filing destinations: European Union Intellectual Property Office, the United States of America, Switzerland, Japan, the United Kingdom, the Republic of Korea, Turkey, Canada, the Russian Federation and Singapore. The countries are sorted from largest to smallest volume of industrial design filings using the Hague system in 2020. On the right of each bar, a number shows a ratio representing the average number of designs per international registration.
Figure 21 – text version
Figure 21. Top destinations for industrial design filings via the Hague system and average number of designs per international registration, 2020
Office International registrations Designs in international registrations Ratio
Singapore 991 3,079 3.1
Russian Federation 1,101 2,828 2.6
Canada 1,239 2,948 2.4
Turkey 1,266 5,663 4.5
Republic of Korea 1,272 3,038 2.4
United Kingdom 1,721 6,523 3.8
Japan 2,031 3,471 1.7
Switzerland 2,039 10,070 4.9
United States of America 2,845 6,612 2.3
European Union Intellectual Property Office 4,888 17,084 3.5

Industrial designs filed abroad by Canadians

The trend in international industrial designs filed by Canadians from 2010 to 2019 is provided in Figure 22.Footnote xiv Canadians filed for 1,807 designs abroad in 2019, representing a 10% increase over 2018. Approximately 20% of these designs were filed using the Hague system. Since 2010, designs have grown 21%, a result of the volatile behaviour of this series, with periods of high growth like those of 2012, 2016 and 2018 offset by periods of notable negative growth like in 2015 and 2017.

Figure 22. Canadian industrial design applications filed abroad, 2010–2019
Figure 22 is a combined bar and line chart that shows industrial design activity abroad by Canadians. The line indicates the volume filed each year, while bars indicate the annual growth rate in percentage.
Figure 22 – text version
Figure 22. Canadian industrial design applications filed abroad, 2010–2019
Year Volume Growth (right axis)
2010 1,494 -3%
2011 1,433 -4%
2012 1,628 14%
2013 1,629 0%
2014 1,600 -2%
2015 1,379 -14%
2016 1,562 13%
2017 1,448 -7%
2018 1,650 14%
2019 1,807 10%

Canada implemented the Hague Agreement on . Therefore, 2019 represents the first full year with Canadian applicants being able to file for industrial designs through that route. WIPO data indicate that the top 6 designated contracting parties by Canadians using the Hague system were EUIPO (81 designs), Canada (61),Footnote xv the United States (52), the United Kingdom (32), the Russian Federation (20), and the Republic of Korea (18).

The top 3 international destinations of industrial designs by Canadians in 2019 are presented in Figure 23. The United States is once again the top destination, with 905 designs, representing an increase of 9% in its share compared with 2018; this destination represents 50% of the designs in applications filed abroad by Canadians. The 238 designs filed at EUIPO, the second top destination, represented a 6% annual increase. Conversely, Canadian industrial designs filed in China experienced a 6% decrease between 2018 and 2019, with 150 counts. Combined, the top 3 destinations represented 72% of the share of designs filed abroad by Canadians, 2% less than the share observed in 2018 (74%).

Figure 23. Top 3 international destinations for Canadian industrial design applicants, 2019
Figure 23 is a bar chart. Each of the 3 bars represents 1 of the top 3 destinations for industrial design filings abroad by Canadians in 2019. The destinations are the United States of America, the European Union Intellectual Property Office and China. The bars are sorted from left to right, by filing amounts. Inside each bar, the percentage indicates that country's share of the total number of filings abroad by Canadians.
Figure 23 – text version
Figure 23. Top 3 international destinations for Canadian industrial design applicants, 2019
Top 3 destinations 2019 % of total
United States of America 905 50%
European Union Intellectual Property Office 238 13%
China 150 8%

Conclusion

The number of industrial designs filed at CIPO has grown 54% since 2011. Resident filing activity is still 3% below 2011 levels but experienced an annual increase of 10% in 2020, demonstrating resilience to the pandemic. In 2020, a notable increase of 17% in the number of designs received by CIPO via the Hague system was observed, with designs filed through this route representing 37% of the total filed in Canada. Designs filed abroad by Canadians increased by 21% since 2010. International data from 2019 revealed the use of the Hague system by Canadians, signaling EUIPO, Canada, and the United States as the top designated contracting parties.