The Similar And Different Regulations On Industrial Designs Between China And Canada/赫子竞(15)
It is important to note that in some 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, which has some 90 member countries, including Canada, allows applicants to invoke what is called “ convention priority”. This means that someone who has filed for design registration in one Convention country has six months in which to file an application for the design in another country and be accorded the same rights as if h/she had filed in the second country on the original filing date.
References:
l Industrial Design Act of Canada (R.S.1985,c.1-9)
l Industrial Designs Regulations of Canada (1-9-SOR/99-460)
l Patent Law of the People’s Republic of China(Amended on August 25,2000)
l Implementing Regulations of the Patent law of the People’s Republic of China(Promulgated on June 15,2001)
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