- Gatineau, Quebec
The Canadian Intellectual Property Office is introducing a change in practice with respect to industrial designs applied to buildings or structures.
Previously, the Industrial Design Office (the Office) was of the view that designs applied to buildings or structures were not registrable as they were not considered to be finished articles to which a design could be applied.
Effective immediately, the Office takes the position that buildings and structures, including those constructed on site, may be acceptable finished articles to which a design can be applied.
Following a comprehensive review of the industrial design legislative framework and relevant case law, the Office concluded that a different approach with respect to the protection of industrial designs applied to buildings or structures can be taken. This revised practice improves service to clients, reflecting their needs in terms of industrial design protection, and aligns the practice of the Office with international best practices.
For more information on how this change is operationalized, please consult section 13.02.03.04 of the Industrial Design Office Practice Manual.