Acte relatif aux marques de fabrique et aux dessins industriels

An act respecting trade-marks and industrial designs.

lïidus trial designs.

22. — The Minister of Agriculture shall cause to be kept a book to be called « The register of industrial designs « in which any proprietor of a design may hâve the same registered on depositing witli the Minister a drawing and description in duplicate of such design, together with a déclaration that the same was not in use to his knowledge by any other person than himself at the time of his adoption thei*eof; and the Minister, on receipt of the fee herein after provided, shall cause such design to be examined to ascertain whetlier it resembles any other design already registered ; and if he finds that such design is not identical with, or does not so closely rescmble any other design already registered as to be confounded therewith, he shall register the same, and shall return to the proprietor thereof one copy of the drawing and description, with a certificate signed by the Minister or the deputy of the Minister of Agriculture, to the effect that such 3esign has beeii duly registered in accordance with the provisions of this Act ; and such certificate shall also set forth the day, month and year of the entry thereof in the proper register ; and every such certificate purporting to be so signed shall, without proof of the signature, be received in ail courts in Canada, as prima facie évidence of the facts therein alleged.

23. — The Minister of Agriculture may, from time to time, subject to the approval of the Governor in Cïouncil, make rules and régulations and adopt forms for the purposes of this Act, as respects industrial designs, and such rules, régulations and forms circulated in print for the use of the public, shall be deemed to bc correct for the purposes of this Act; and ail documents executed according to the same, and accepted by the Minister, shall be deemed to be valid so far as relates to officiai proceedings under this act.

Conditions ofregistration. Use of design, etc.

24. — Every design in order to be protected, shall be registered before publication ; and after registration the name of the proprietor, who shall be a résident of Canada, shall appear upon the article to which his design applies, if the manufacture is a woven fabric, by being marked upon one end thereof, together with the letters <« Rd. »», and if the manufacture is any other substance, the letters « Rd. »», with the year of the registration, shall be marked at the edge or upon any convenient part thereof :

2. The mark may be put upon the manufacture by making it on the material itself, or by attaching thereto a label containing the proper marks.

Who shall be deemed the p^^opvietor.

25. — The author of the design shall be considered the proprietor thereof, unless he has executed the design for another person, for a good or valuable considération in which case such other person shall be considered the proprietor, and shall alone be entitled to register it; but his right to the property shall only be co-extensive with the right which he has acquired.

Tariffoffees,

26. — Before any action is taken in relation to an application for registering an industrial design, the foUowing fées shall be paid to the Minister of Agriculture, that is to say :

On every application to register a design, including certificate $ 5.00

On every application for an extension of time, including certifîcate, for each year of such extension . « 2.00

For a copy of each certificate of registration, separatc from the return of tlie duplicate « 1.00

For the recording of an assignment "2.00

For office copies of documents, not above mentioned, for every hundred words or for a fraction thereof. '• 0.50

For each copy of any drawn copy of an industrial design, the reasouable expensc of preparing the same ;

And such fées shall be paid over by the Minister of Agriculture to the Minister of Finance and Receiver General :

2. If the Minister of Agriculture refuses to register the industrial design in respect of which application is made, the fee shall be returned to the applicant or his agent, less the sum of two dollars, which shall be retained as compensation for office expenses.

When Minister* may refuse to register.

27. — The Minister of Agriculture may refuse to register such designs as do not appear to him to be within the provisions of this Act, or any design which is contrary to public morality or order — subject to appeal to the Governor in Council.

Certificate to be given and its effect,

28. — On the copy returned to the person registering, a certificate shall be given, signed by the Minister of Agriculture or the deputy of the Minister of Agriculture, showing that the design has been registered, the date of registration, the name of the registered proprietor, his address, the number of such design, and the number or Ictter employod to dénote or correspond to the registration, which said certifîcate, in the absence of proof to the contrary, shall be sufficieiit proof of the design, of the name of the proprietor, of the registration, of the commencement and term of registry, of the person named as proprietor being proprietor, of the original! ty of the design, and of compliance with

the provisions of this Act ; and generally tho writing purporting to be so signecl shall be received as prima facie évidence of the facts therein stated, without proof of the signature.

Duy^ation ofright Renewal.

29. — The exclusive right acquired for an industrial design by the r^stration of the same as aforesaid sliall be valid for the tenn of fîve years, but may bo renewed at or before the expiration of the said term of fîve years, for a further period of fîve years or less, on paymcnt of the fee hereinbefore prescribed, so as that the whole duration of the exclusive right shall not exceed ten years in ail.

Design to be assignable,

Exclusive right to use design.

31. — During the existence of the exclusive right (whether it is of the entiro or partial use of such design), no person shall, without the license in writing of the registered proprietor, or of bis assignée, as the case may be, apply such design, or a fraudulent imitation thereof, to the ornamentation of any article of manufacture, or other article to which an industrial design may be applied or attached, for the purposes of sale, or shall publish, sell or expose for sale or use any such article as aforesaid, to which such design or fraudulent imitation thereof has been

applied ; and every one who violâtes the provisions of this section shall forfeit a sum not exceeding one hundred and twenty dollars, and not less than twenty dollars, to the proprietor of the design, which shall be recoverable, with costs on summary conviction, by registered proprietor or his assignée.

Penalty,

Procedings in case ofwroyigful reyistratioyi.

33. — If any person, who is not the lawful proprietor of a design, is registered as proprietor thereof , the rightful owner may institute an action in any superior court in any Province of Canada, or before a judge of the Suprême Court in the North- West Terri tories, as the case may be ; and the court or judge having cognizance of such suit, if it appears that the design has been registered in the name of a wrong person, either direct the registration to be cancelled or that the name of the lawful proprietor shall be substituted for the name in the register, with costs; in its or his direction; and on application by the plaintiff, supported by affidavit, any such court or judge may, pending such action or proceedings, in its or his discrétion, issue on order directed to the défendant, prohibiting the use of such desing, pending such action or proceedings, under penalty of being held in contempt of such court or judge.

Conséquent altération of^ régis ter.

34. — The Mioister of Agriculture shall, afier due service of such order and payment of the fee hereinbefore provided, cause such altération to be made in the register respecting industrial designs as is directed bj the order made under the next preceding section.

Suit may be maintained by the proprietor,

35. — A suit may bo maintained by the proprietor of any design for the damages he bas sustained by the application or imitation of the design, for the purpose of sale, against any person so oflfending, if the offender was aware that the proprietor of the design had not given bis consent to such application.

Time for suits limited.

36. — Ail proceedings under the preceding sections of this Act, respecting industrial designs, shall be brought within twelve months from the commission of the offence, and not afterwards; and none of the provisions of the said sections shall apply to protect any design which does not belong to a person résident lï^ithin Canada, and which is not applied to a subject matter manufactured in Canada.

Copies of designs .

37. — Any person may be allowed to inspect the register of industrial designs; and the Minister of Agriculture may cause copies or représentations of industrial designs to be delivered, on the applicant for the same paying the fee which is deemed sufficient for the purpose of having the same copied or represented.

Clérical evrors con^ected,

38. — Clérical errors which occur in thedrawing up or copying of any instrument respecting an industrial design, shall not be construed as invalidating the same, but, when discovered, they may be corrected under the authority of the Minister of Agriculture.

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