What is an industrial design?
An industrial design registration in Canada (referred to in the United States as a “design patent”) protects the aesthetic features of an article such as its shape, configuration, pattern, and/or ornamentation.
Traditionally, industrial designs have protected the look of physical articles, but more recently, design protection has been extended to graphical user interfaces, animated designs, and electronic icons.
Industrial designs only protect the way an object looks, not its function.
A registered design can be used to prevent other people from copying and profiting from your design. However, design registrations are territorial, meaning that you have to file a design application in each country of interest in order to obtain rights in those countries. The grant and enforcement of design registrations are governed by national laws, and while the laws of most countries are at least somewhat similar, the laws of each country are unique.
It is not necessary to have a registered design to sell a product. Further, having a registered design does not give you any express right to make and sell your product. Your product must still comply with all applicable laws and regulations. For example, even with a valid registered design, making and selling your product may infringe rights (such as patent rights, trademark rights and/or copyright) owned by third parties. Thus, the issue of whether you can make and sell your product is separate from the issue of obtaining protection for your design.