An original design can make a product stand out in the marketplace and help businesses connect with consumers and further develop product and brand awareness. As a result, manufacturers and designers invest large amounts of time and resources in the designs of their products—innovating attractive designs that differentiate their products in the marketplace—and wish to protect the time and effort they have invested in such designs.

Each country has different intellectual property (IP) laws and rules that permit individuals and business to pursue and secure IP rights for their designs. In Canada, an applicant may secure industrial design rights by applying to register their industrial design with the Canadian Intellectual Property Office (CIPO). The Industrial Design Act confers upon the registrant the exclusive right to the three-dimensional features of shape and configuration, and/or to the two-dimensional features, such as pattern and ornamentation, of the article. Recent changes in the Act also permit colour to be claimed as an industrial design feature. It is also possible to claim design protection for an entire finished article, or a part of a finished article, by disclaiming portions of the overall article. Design applications currently filed in Canada with CIPO will have a term of 15 years from the filing date or 10 years from the registration date, whichever is later.

Registering an industrial design gives the registrant the exclusive right to stop others from making, selling, and importing an article that embodies the registered design, or a substantially similar design, for commercial purposes in Canada.

In addition to exclusive rights in the marketplace, a registered industrial design may also be an inherently valuable asset. A well-regarded, recognizable design can attract investors, who may be drawn to the design’s exclusivity. As well, registered industrial designs can be sold, transferred, or used as security for a loan. In this manner, registered industrial designs can be useful revenue tools.