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Protection in Other Countries Q&A
Does a Canadian industrial design registration provide protection in other countries?
No. A separate application must be filed in each foreign country in order to seek protection in that country.
What protection comparable to industrial design protection is available in other countries, and what is the procedure?
Most countries offer comparable protection, not always under the same name. For example, in the United States the counterpart is the design patent under the United States Patent Act.
Most countries under the International Convention afford the applicant for design protection the benefit of the filing date of the applicant's first-filed application if the subsequent application in a particular foreign country is filed within six months of the applicant's first-filed application.
A variety of other types of protection is available in some other countries, including, in some countries, utility model or petty patent protection in addition to or instead of industrial design registration or copyright protection. The cost of applying for registration of most types of protection in most countries is at least about $1,500 and frequently can be two or three times this amount, but copyright protection is often free, although limited in effect. Please ask for details. Depending on the product, whether the client wants to sell it abroad, and how much the client is willing to spend on protecting the design, an application to obtain foreign protection may be worthwhile. For Canadian design owners, protection in the U.S. is often a good idea, as many design owners market or license their products for market in the U.S. Our firm is qualified to represent our clients before the Canadian and U.S. Offices, and can arrange filings in other countries through our associates there.
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