– Industrial Design Act, RSC 1985, c I-9, as last amended in 2018.
– Industrial Design Regulations, SOR/2018-120, as last amended in 2022.

Note: significant amendments to the Industrial Design Act and new Industrial Design Regulations came into force on November 5, 2018 which allowed Canada to accede to the Hague Agreement.

– Paris Convention for the Protection of Industrial Property, Stockholm Act.
– Convention Establishing the World Intellectual Property Organization (WIPO), since June 26, 1970.
– WTO’s TRIPS Agreement, since January 1, 1995.
– Hague Agreement Concerning the International Registration of Industrial Designs, Geneva Act, since November 5, 2018.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), as of January 11, 2024.

Applicant: the proprietor defined as the author of the design unless he executed it for another person for a good and valuable consideration, in which case such other person is the proprietor; or an assignee of the proprietor.

Foreigners and nationals not living in the country: representative for service is not required.

Foreigners: enjoy the same rights as Canadian citizens.

Kinds of designs and models: features of shape, configuration, pattern or ornament and any combination of those features that, in the finished article, appeal to and are judged solely by the eye.

Not registrable: features applied to an article that have a utilitarian function and that are dictated solely by the utilitarian function of the article; any method or principle of manufacture or construction.

Novelty: same design, or a design not differing substantially from it, applied to a finished article that is the same or analogous to the finished article in respect of which the design is to be registered, must not have been disclosed to the public, in Canada or elsewhere. For applications filed prior to November 5, 2018 must not have been published anywhere in the world more than one year prior to application in Canada. For applications filed on or after November 5, 2018, a one-year grace period before the priority date in respect of disclosures made by the applicant, that person's predecessor in title, or a person who obtained knowledge of the design, directly or indirectly from the applicant or their predecessor in title.

Priorities: priority may be claimed if application filed within six months of earliest foreign application.

Exceptions to protection: defense of “innocent infringement”; see “Marking” and “Infringement” at Sections 5 and 6, below.

Territory covered: Canada.

Miscellaneous: an application must be limited to one design applied to a single finished article or variants applied to a single finished article or set. Variants are designs applied to the same article or set and not differing substantially from one another. The Industrial Design Office also permits the filing of "divisional" applications if more than one design is disclosed in the original application.

Filing requirements for an application:
1. Name and postal address of the applicant;
2. Name of the finished article;
3. Representation of the design(s); and
4. The statutory fee for filing.

Notes: an application may also require the address of an appointed agent, a descriptive statement, a statement of limitation and/or a priority claim, where applicable. The description is optional as of November 5, 2018 as the application is deemed to relate to all four features of the design i.e. shape, configuration, ornamentation and pattern, unless specified in a statement of limitation.

When submitting drawings or photographs, they must be clear and provide sufficient views. There is no minimum or maximum number to be filed. Broken lines are allowed on figures, along with surface shadings, provided they do not distort or hide the design and are consistent throughout the drawings.

Minimum requirements for a filing date: an indication that registration of a design is sought; a means of identifying the applicant e.g. a name, contact information; and a representation of the design.

Electronic filing: available.

For a change of name or address: no documents are required for recordal.

Amendment of application: permitted and may be required by the Industrial Design Office. Changes to the application that would substantially alter the design are not accepted.

Examination: the Industrial Design Office assesses whether the application was filed correctly and whether there are any formality issues; whether the subject matter is registrable; whether the design was created by the applicant (or applicant's predecessor-in-title); and whether the design is novel. Objections are sent in a report.

Accelerated examination: available upon request and payment of prescribed fee.

Alterations: after registration, by Federal Court order.

Application kept secret: applications filed prior to November 5, 2018 are kept secret until a registration is issued. Applications filed on or after November 5, 2018 will be published at the earlier of the registration date and 30 months from the filing date (or priority date, if applicable).

Opposition: not possible.

Provisional registration: not possible.

Registration: following examination and amendment (if necessary).

Corrections: correction of obvious errors by the Industrial Design Office within six months of registration. Other corrections may only be possible under the authority of the Federal Court of Canada.

Publication: yes, for applications filed on or after November 5, 2018 (see above). The design patent document is open to public inspection after registration.

Delivery of document: upon registration. The certificate of registration is issued in electronic format only.

Beginning of protection: as from the date of registration.

Duration – extension: for Canadian applications filed prior to November 5, 2018, ten years maximum beginning on the date of registration of the design. For Canadian applications filed on or after November 5, 2018, the later of (a) ten years from the date of registration; and (b) fifteen years from the filing date.

Annuities: a maintenance fee is due at five years from the registration date to maintain the registration for the remaining term.

Marking of registered goods: optional; marking articles or packaging with “D” and the year of registration and the proprietor’s name or abbreviation thereof will avoid defense of innocent infringement.

Protection: design protection is provided by the representation (i.e. one or more photographs or reproductions) of the design and, if present, the description. The description is optional as of November 5, 2018 as the application is deemed to relate to all four features of the design i.e. shape, configuration, ornamentation and pattern, unless specified in a statement of limitation. The name of the finished article is used for classification purposes by the Industrial Design Office and thus influences the scope of protection. The name must clearly identify the finished article and should be the common name in general use by the public of the article to which the design is applied.

Working: not provided for.

Changes in the list of goods: not provided for.

Licenses: may be provided to the Industrial Design Office. Will be kept on file and made available upon request.

Assignment: transfers (assignments) may be recorded or registered upon written request and payment of prescribed fee.

Right of prior user: not clearly established.

Opposition to registered designs: not possible.

Annulment of registration: by Federal Court order at the instance of the Attorney General or any aggrieved person.

Compulsory licenses: not provided for.

Expropriation: not provided for.

Validation: not provided for.

Infringements and penalties: by court proceedings: recovery of damages or profits, punitive damages, disposal of infringing articles or kits, or injunction; injunction is the only remedy if defendant establishes absence of reasonable grounds to suspect design registered at time of infringement (“innocent infringement”, see “Marking“, above at Section 5).