If you are a product designer, one of your greatest fears is having another entity copy your work.
Luckily, the law provides industrial design protections to protect innovators against copycats.
Industrial design is part of the broader intellectual property protections registered under Canadian IP laws.
This guide looks at industrial design protections from what they are and what they cover, including what protection to apply for if you want to have rights for the manufacturing process.
What Are Industrial Design Protections?
Industrial design protections apply to products with a unique design that sets them apart from products made by their competitors. The protections cover features such as shape, configuration, pattern, and other design features that set a product apart from its competition.
The products don’t have to be the producer’s invention. Instead, the protections only apply to the aesthetics of the products.
For example, a vehicle part manufacturer that makes a notable improvement in the aesthetics of their wheels can register for industrial protection for their design, even though the wheel is an ancient invention. Following this definition of industrial design protections, the manufacturing process is not covered under industrial design protections.
So, What Protections Cover the Manufacturing Process?
While industrial design protections do not cover the manufacturing process, you can achieve this goal through patent protection. Patent protections apply for new inventions or a significant improvement of existing inventions. Patent protection also extends to cover the processes used in creating a product.
Patent protections allow the inventor a head start by keeping other people or entities from making similar products or following the manufacturing processes used in the manufacture. By securing patent protections, the inventor gets exclusive rights to profit from their invention, but they can sell their rights to other entities.
How Long Do the Protections Last?
Industrial design and patent protections do not run indefinitely. They run for ten years in Canada but may differ in other countries. On the other hand, patent protections run for 20 years.
After the expiration of the protection period, other entities can recreate the products without violating the creator’s IP rights. When the rights are still enforceable, the IP rights owner has the legal right to stop other entities from creating similar products and sue for damages resulting from infringement of their rights.
Registering Your IP Rights
Canadian law places the responsibility of registering trademarks on the Canadian Intellectual Property Office (CIPO). The first step is determining that the product is unique. For industrial design, the design must not resemble another product in the CIPO database.
On the other hand, a product or process must be new, inventive, and helpful to qualify for patent protection.
If your product meets these standards, the next step will be filing an application on the CIPO’s website at their physical office. These steps can be significantly challenging, so you may want to have an expert helping you through the process. Also, you will need to pay registration fees that can vary based on the IP right you intend to register and how you intend to use those rights.
Do Canadian IP Protections Apply to the Global Market?
No, they do not. Registering your IP rights in Canada only offers protections within Canada. You must register for IP protection in the target countries to have similar protections in other countries.
If you are aiming for the global market, the best option for registering industrial design and patent protections is to apply to the World Intellectual Property Organization (WIPO).
WIPO is a branch of the UN that offers IP protection in member countries. Like registering your trademarks in Canada, the process can be somewhat complicated, so getting professional help can be a good idea.
