Copyright & Industrial Design

Copyright & Industrial Design

Canadas Accession to the Hague Agreement Hague Seminar July 19, 2018 Sandra Newsome Manager, Policy Copyright and Industrial Design Branch Canadian Intellectual Property Office Building a prosperous and innovative Canada Outline Canadas Innovation and Skills Plan The Intellectual Property Strategy The Canadian Intellectual Property Office (CIPO) Industrial Design in Canada Changes to the Industrial Design Regime

2 Industrial Design Act Industrial Design Regulations Industrial Design Office Practice Manual Enhanced E-Services Designating Canada: What You Should Know Next Steps Building a prosperous and innovative Canada Innovation and intellectual property are key government priorities We know IP is a critical ingredient in helping Canadian businesses reach commercial success. Canada's IP Strategy will make sure Canadians know the value of their intellectual property and how to leverage it to innovate, increase profits and create middle-class jobs. 3 Minister Bains, Innovation Science

and Economic Development (April 26, 2018) Building a prosperous and innovative Canada The Innovation and Skills Plan 4 The Innovation and Skills Plan (2017) advances an agenda to make Canada a global centre for innovation. Focuses on people and addresses the changing nature of the economy to ensure it works for all Canadians. Agenda to build Canada as a world-leading innovation economy that will create jobs and grow the middle class. Building a prosperous and innovative Canada The Innovation and Skills Plan The Intellectual Property Strategy Investment of $85.3 million over

five years to help Canadian businesses, creators, entrepreneurs and innovators understand, protect and access IP. Supports access to the best possible IP resources through: IP awareness, education and advice; strategic IP tools for growth; and, IP legislation. 5 Building a prosperous and innovative Canada The Innovation and Skills Plan Harmonizing Canadas IP System with International Standards 6 Joining five key international IP treaties

the Hague Agreement, the Madrid Protocol, the Singapore Treaty, the Nice Agreement for Trademarks, and the Patent Law Treaty is an essential step. Helping Canadian businesses looking to enter or expand their presence in international markets: Faster, simpler, and cost-effective way to acquire protection in multiple countries. International Trade and Investment Strategy realizing transparent IP standards in trade agreements. Building a prosperous and innovative Canada CIPO: Helping Make Canada a Global Centre of Innovation IP-intensive industries contribute $332B to Canadas GDP and 2 million jobs in Canada 7 Building a prosperous and innovative Canada CIPO: Five Strategic Priorities

Advance innovation Deliver quality and timely IP rights Develop a national IP strategy through international collaboration and evidence-based policies Provide IP rights and services that respond to client and marketplace needs Build IP awareness and education Deliver IP education and awareness products and services

Offer a modern service experience Modernize and digitize our services Foster an agile and highperforming organization Attract and retain an engaged and highly skilled workforce - CIPOs five-Year Business Strategy 2017-2022 8 Building a prosperous and innovative Canada Origin of applications (20142018) EUROPEAN UNION; 20.16% N u m b e r o f A p p lic a tio n s Industrial Design in Canada: Applications Number of applications

received (20042018) 7000 6500 6000 5500 UNITED STATES OF AMERICA; 53.57% CANADA; 13.71% 5000 4500 Fiscal Year 9 Building a prosperous and innovative Canada 2018 2017 2016 2015 2014 2013

2012 2011 2010 2009 2008 3000 2007 3500 2006 CHINA; 2.16% 2005 OTHERS; 6.96% 4000 2004 JAPAN; 3.44% Industrial Design in Canada: Top

Filers Top 5 Filers 2017-18 250 200 150 100 50 0 10 Building a prosperous and innovative Canada Industrial Design in Canada: Top Filers Top 10 Filers 2017-18 Applicant GM Global Technology Operations LLC Dyson Technology Limited Kronoplus Limited Volvo Lastvagnar AB Google LLC Delta Faucet Company Spectrum Brands, Inc. Ford Global Technologies, LLC The Procter & Gamble Company Gamblit Gaming, LLC Honda Motor Co., LTD

11 Building a prosperous and innovative Canada Number of Applications 192 134 98 84 62 59 59 58 48 46 46 Industrial Design in Canada: Top Filers Number of Applications Top 5 Filers 2013-18 12 500 400 300 200

100 0 N ik e e pl p A t of s ro ic M & er t oc Pr am G e bl

Building a prosperous and innovative Canada ry ar H W n to s in Industrial Design in Canada: Top Filers Top 10 Filers 2013-18 Applicant Nike, Inc. Apple Inc. Microsoft Corporation The Procter & Gamble Company Harry Winston Sa Honda Motor Co., Ltd. Ford Global Technologies, LLC Dyson Technology Limited Delta Faucet Company GM Global Technology Operations LLC 13 Building a prosperous and innovative Canada

Number of Applications 444 323 319 308 288 287 254 235 234 226 Changes to the Industrial Design Regime Canada is poised to accede to the Hague Agreement and significantly modernize Canadas industrial design regime with a coming into force date of November 5, 2018. Membership in the Hague Agreement means key benefits for business: Modernizing Canadas industrial design regime also has key

benefits for business: 14 One application, one payment, one currency, one place; Simpler rights maintenance and management. Increased term of protection from 10 to 15 years; Less red tape; Enhanced e-services. Building a prosperous and innovative Canada Changes to the Industrial Design Regime Industrial Design Act The Act was amended in December 2014: first substantive update of the Act since 2001. Highlights include:

Clarification that a certified copy of an entry in the Register of Industrial Designs is admissible evidence in any court. Any error in the Register of Industrial Designs may be corrected within six months, if the mistake is obvious from documents in the Ministers possession. Previously, corrections were limited to clerical errors. Codification and modernization of the novelty test. Mandatory publication of applications after 30 months. Extended the maximum term of protection from 10 to 15 years. Parking Meter by J.J Mackay Canada Limited (ID registration 164824) 15 Building a prosperous and innovative Canada Changes to the Industrial Design Regime Industrial Design Regulations The final Regulations were published in the Canada Gazette, Part II, on June 27, 2018. Highlights include:

Representation an applicant no longer needs to provide signed authorization to appoint an agent. The previous requirement to have a representative for service, in the case of foreign applicants, has been removed. Application requirements have been simplified: Prescribed application form no longer required. Description is now optional because the application is deemed to relate to all four features of the design (shape, configuration, ornamentation and pattern) unless specified in a statement of limitation. Designs no longer need to be shown applied to a finished article. Applications are no longer limited to a single environmental view. 16 Building a prosperous and innovative Canada Changes to the Industrial Design Regime Industrial Design Regulations Filing date requirements have also been simplified to align with international standards. The title, description and complete mailing address are no longer required. To obtain a filing date, applicants need only to provide:

an indication that registration of a design is sought; a means of identifying the applicant; contact information; and, a representation of the design. For more details, consult the new Regulations. Bicycle by PBSC Urban Solutions Inc. (ID registration 128732) 17 Building a prosperous and innovative Canada Changes to the Industrial Design Regime New Industrial Design Office Practice Manual Complete revamp of the Industrial Design Practice Manual (IDOP). Significantly expanded sections on the following:

drawing techniques; jurisprudence; use of colour; computer-generated animated designs; and, methods of disclaiming. New sections on Hague applications and transitional provisions. Public consultations closed June 29, 2018. Published on the new user-friendly interface, Qweri. Target publication later this summer. 18 Building a prosperous and innovative Canada Syringe by Gilead Science, Inc. (ID registration 173286) Changes to the Industrial Design

Regime Enhanced E-Services CIPO is working with stakeholders to improve e-services. Release 1 (November 5, 2018) Improved e-filing interface: many new functionalities, including the capability to submit images in colour, and allow for a greater number of file formats including PDF, JPEG, TIFF, GIF. Simplified/streamlined portions of the e-filing application. Release 2 (2019) Brain Sensing Headset by Personal Neuro Devices Inc. (ID registration 168672) 19 New platform for electronic correspondence between CIPO and clients. E-amendments: fully

integrated online amendment form. Building a prosperous and innovative Canada Canadas Declarations Indirect Filing Article 4(1)(b): An international application may not be filed through the Canadian Intellectual Property Office. Individual Designation Fees Article 7(2): the international application fee is $400 CAD for each design. The renewal fee, for the first renewal is $350 CAD for each design, any subsequent renewals are free of charge. Maximum Duration of Protection Article 17(3)(c): begins on the date of international registration and ends on the later of 15 years from the date of international registration or 10 years from the date of registration in Canada. Refusal Period Rule 18(1)(b): the period of six months for the notification of refusal of the effects of an international registration referred to in Rule 18(1)(a) shall be replaced by a period of 12 months. 20 Building a prosperous and innovative Canada Designating Canada: What You Should Know Deferment of Publication

Canada will allow for the maximum period of deferment under Hague, i.e. 30 months from the filing date or, if there is a priority request, from the earliest date of priority. Filing Date Requirements Simple filing date requirements that aligns with international standards. Application Simple application requirements. No patent claims or description of the design are required. No specific views of the design are required. No security clearance requirements. Vehicle by Electrameccanica Vehicles Corp. (ID registration 168377) 21 Building a prosperous and innovative Canada Designating Canada: What You Should Know One Design per Application An application must be limited to one design applied to a single finished article or set or variants applied to a single finished article or set. In order to accommodate an international registration with multiple designs, CIPO will divide each design contained in the international registration into individual and separate Hague Applications. Increased Term of Protection The maximum term of exclusive right is increased from 10 years to 15 years.

Expedited Options Prosecution of your application may be expedited by using our other services such as advanced search (free of charge) and advanced examination ($500 CAD). 22 Building a prosperous and innovative Canada Next Steps Final IDOP publication (summer 2018) Outreach with stakeholders (October 2018) Coming into force (November 5, 2018) Industrial Design Practice Committee stakeholder consultations (spring 2019) Release 2 implementation (2019) Dec to Jan Gazette I ID Regulations (30 days) Mar IDPC IDOP consultation June 27, 2018 Gazette II ID Regulations publication May to June

IDOP consultation (30 days) Summer final IDOP publication 2019 Release 2 November implemented 5, 2018 Spring 2019 Coming IDPC into force consultation Stakeholders outreach Consultations and Finalize Industrial Design Regime Changes 2019 2018 23 Post-coming into force Building a prosperous and innovative Canada

Thank you! Any questions? Follow CIPO on Twitter @CIPOCanada 24 Connect with CIPO on LinkedIn @Canadian Intellectual Property Office Building a prosperous and innovative Canada

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