Plant Breeders' Rights in Canada



Etienne de Villiers and Sangeetha Punniyamoorthy for The Lawyers Weekly

In Canada, an industrial design protects the shape, configuration, pattern or ornamentation that gives aesthetic appeal to finished articles. For example, an industrial design can be registered for the shape of a bottle, the sole of a running shoe or the form of a bottle.

Industrial designs overlap the subject matter protected by copyright however the Copyright Act specifically excludes protection for the design of articles produced in quantities of 50 or more. Thus, the failure to obtain industrial design protection can result in no protection being available for the design. An application for an industrial design must be made within 12 months of the design being made public, and can protect the design for a term of up to 10 years.

Etienne de Villiers and Sangeetha Punniyamoorthy are barristers and solicitors with the firm Dimock Stratton LLP.

A great way to start your search for a local Canadian Intellectual Property lawyer is at Canadian-Lawyers.ca. Go to the 'Find a Lawyer' search box that appears on the right hand side of this screen to start your lawyer search. Type in Intellectual Property or the name of the law firm, the city and the province that you are looking to hire a lawyer from, and click on the 'Search Now' button. This will generate a list of local Canadian IP lawyers.


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