ant shall pay a fee for the maintenance of the applicant from the third year.
3. The main regulations on process
3.1 The similar process of obtaining a design registration
The process of obtaining a design registration is made up of three distinct phases:[1] initial processing ( when you first file the application) [2] examination;[3] registration
3.1.1 Initial processing
Your application will undergo preliminary review by staff to ensure that basic administrative requirements have been met. If the application is complete a filing certificate will be issued; this is merely an acknowledgement that the application has been received and processed a filing date issued. It also gives you the number assigned to your application so that you can refer to that number in later correspondence. If the application is incomplete, you will also receive a report, advising you of what is required to complete it. Every report issued by the Office will give a due date for reply. If you do not reply by that due date your application will be considered abandoned.
3.1.2 examination
The first step in this phase of the process is the classification of your application according to the particular type of article to which it relates. This is followed by a formal assessment by an examiner who will study your description and drawings or photographs. This will then be compared with previously registered designs and designs published anywhere in the world to ensure that your design in original or registerable. You design cannot be the same or similar to a design already applied to a similar article of manufacture. The wording of the description will also be considered to see that it actually and adequately describes the design features shown in the drawings. Following this assignment the examiner will either allow the application for registration or issue a report. The report will outline the examiner’s findings and tell you what information or amendments are required.
Should different people apply to register essentially the same design, the Office will examine the applications on a first-come, first-served basis. The application with the earlier filing date will be registered.
3.1.3 registration
Once approved by the examiner your design will be registered as soon as possible provided you have not requested delayed registration. You will receive a certificate of registration. This certificate is evidence of ownership and the originality of your design and gives you the exclusive right to make, import for trade or business, rent or sell or expose for sale or rent, any article in respect of which the design is registered and to which the design is applied.
3.2 The different process of obtaining a design registration
The process of requests for delayed registration only exist in Canada. It is possible that you may want to delay registration. For example, you may wish to allow time to market or file your design out of Canada. In this case, you should inform the Office in writing. You may exercise the option to delay registration at the time of filing your application or at any time before it is registered.
4. The main regulations on proprietor’s rights
4.1 Marking rights on a product or it’s packing
The patentee has the right to affix a patent marking and to indicate the number of the patent on the patented product or on the packing of that product. You do not have to mark your design in order to indicate that it is registered as a design, but marking dose give you extra protection. The proper mark is a capital “D” inside a circle and the name, or abbreviation thereof, of the design’s proprietor on the article, its label or packaging.
4.2 Enforcing your rights from infringement
As proprietor, you may take legal action against anyone who infringes your design in Canada, it is your responsibility to take such action and you must do so within three years of the alleged infringement.
In China where a dispute arises as a result of the exploitation of a patent without the authorization of patentee, that is, the infringement of the patent right of the patentee, it shall be titled through consultation by the parties. Where the parties are not willing to consult with each other or where the consultation fails, the patentee or any interested party may institute legal proceedings in the People’s court or request the administrative authority fall patent affairs to handle the matter. Prescription for instituting legal proceedings concerning the infringement of patent right is two years counted from the date on which the patentee of any interested party obtains or should have obtained knowledge of the infringing act.
4.3 Marketing rights
In both countries, as the proprietor of a registered industrial design, you have the exclusive right to make, import for trade or business, rent or sell a product incorporating that or a similar design. You may also sell all or some of your rights to others( this is referred to as an assignment) or, you can simply authorize others to use the design subject to stated conditions( this is referred to as a license).
4.4 Registration outside the native country or for international protection
Generally, industrial design protection is limited to the country in which protection is granted. Under the Hague Agreement Concerning the International Deposit of Industrial Designs, a WIPO-administered treaty, a procedure for an international registration is offered. An applicant can file a single international deposit either with WIPO of the national office of a country which is party to the treaty. The design will then be protected in as many member countries of the treaty as the applicant wishes.
It is important to note that in some countries your application could be rejected if you or someone else has previously registered

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