The Similar And Different Regulations On Indu

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/ The Similar And Different Regulations
On Industrial Designs
Betbination of those features that, in a finished article, appeal to and are judged solely by the eye.
1.2 Other forms of Intellectual property
In China, Intellectual property can be generally classified as patent, copyright, trademark. patents, or in other position of matter), or any new and useful i

mprovement of an existing invention. So that industrial designs have the equal statues to patents, as one of the subdivisions of intellectual property.
1.3 oting fair competition and honest trade practices, encouraging creativity, and promoting more aesthetically attractive product.
protecting industrial designs helps economic development, by encouraging creativity in the industrial and manufacturing sectors, as ails the regulations that govern design rights. As a general rule, to be registerable, the design must be “new” or “original”. Different countries have varying definitions of such terms, as well as variations in the registration process itself. Generally, “new” means that no identical or very similar design is known to have existed before.
Depending on the particular national law and the kind of design, an industrial design may also be protected as a work of art under copyright.
2.The main difference concerning registration
2.1 When to file an application
There is no time limit for filing an application as long as the design had never been published. The term “published” means that the design has been made public (even to yo

ur neighbors) or offered for commercial sale or use anyemission ); if you have acquired ourn to the proprietor thereof the drawing or photograph and description with the certificate required.
In China, any design for which patent fight may be granted must not be identical with and similar to any design whic

h, before the date of falling has been publicly disclosed in publications in the country or abroad or has been publicly used in the country, and must not be in conflict e of them in our implementing regulations of patent later determine ween eight and twelve months to have your application examined. c., the designs.
2.8 Extension of protection
In Canada, your application must include a description which identifies the features that constitute the design since the court may use your descriptio

n to help determine the limits of protection for your design, you should mon name used in the trade. The description, along one another. You may add variants of the design to your application anytime before registration.
2.10 Fees
In Canada, you must pay a fee to make your application examined by the Industrial Design Office. There additional fees for maintenance and late payment of the maintenance fee of designs. Before the expiry of five-years from the date of registration, a maintenance fee must be paid or the protection the date of filing; the applicant 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: initial processing ( when you first file the application) examination; registration
3.1.1 Initial processing
Your application will undergo preliminary r

evieplete, you pared e, 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

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. e 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 e countries your application could be rejected if you or someone else has previously registered the design.
4.5 priority rights
procedures for obtaining international design rights are partially governed by an international treaty called the paris Convention for the protection of Industrial property. The paris Convention, ulgated on June 15,2001)
l paris Convention for the protection of Industrial property.
l patent Cooperate Treaty
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