The Canadian Intellectual Property Office (CIPO) has updated its Industrial Design Office Practice Manual to introduce a new practice regarding the appointment of agents in Canadian applications arising from international Hague applications.

Until now, appointing a representative in an international application under the Hague system only had effect before the World Intellectual Property Organization (WIPO). An applicant wishing to appoint an agent for the Canadian application had to send a separate and clear notice of appointment directly to CIPO.

Under the new practice, CIPO will consider that a correspondence submitted by the international representative (and which includes the representative’s name and postal address as recorded on the International Register) to be sufficient notice of that representative’s appointment as agent before CIPO for the Canadian application.

The new practice does not apply if a Canadian agent has previously been appointed. Any changes regarding a previous appointment of agent must be clearly requested in a revocation and appointment of new agent.

For Hague applicants designating Canada, the practical benefit is fewer procedural gaps, which may help prevent the loss of rights. Where no agent is already on file, the international representative’s correspondence, showing the name and address recorded on the International Register, will establish their appointment before CIPO.

The Industrial Design Office Practice Manual may be accessed here.