GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Industrial Design Act — I-9 8.1
Request for priority 8.1 (1) For the purposes of section 8, an applicant for the registration of a design may submit to the Minister a request for priority in respect of the pending application on the basis of one or more previously regularly filed applications. Requirements (2) The request for priority shall be made in accordance with the regulations, and the applicant shall submit to the Minister the filing date, the name of the country or office of filing and the number of each previously regularly filed application on which that request is based. Request deemed never filed (3) A request for priority is deemed never to have been filed if the request is not made in accordance with the regulations or if the applicant does not submit the information, other than the number of each previously regularly filed application, that is required under subsection (2). Withdrawal of request (4) An applicant may, in accordance with the regulations, withdraw a request for priority, either entirely or with respect to one or more previously regularly filed applications. Multiple previously regularly filed applications (5) If more than one application has been previously regularly filed either in or for the same country or in or for different countries, (a) paragraph 8(1)(b) shall be applied using the earliest filing date of the previously regularly filed applications; and (b) subsection 8(2) shall be applied using the earliest filing date of the previously regularly filed applications on which the request for priority is based. Previously regularly filed application deemed never filed (6) For the purposes of section 8, a previously regularly filed application shall be deemed never to have been filed if (a) on the filing date of the pending application, more than six months have elapsed since the filing date of the previously regularly filed application; (b) before the filing date of the pending application, another application for the registration of a design, disclosing the design in the pending application applied to the same finished article, (i) is filed by the person who filed the previously regularly filed application or by that person’s successor in title or predecessor in title, and (ii) is filed in or for the country where the previously regularly filed application was filed; and (c) on the filing date of the other application referred to in paragraph (b) or, if there is more than one such other application, on the earliest of their filing dates, the previously regularly filed application (i) has been withdrawn, abandoned or refused without having been made available to the public and without leaving any rights outstanding, and (ii) has not served as a basis for a request for priority in any country, including Canada. 2014, c. 39, s. 105
Industrial Design Act — I-9 8.2
Novel design 8.2 (1) A design in an application for the registration of a design is novel if the same design, or a design not differing substantially from it, applied to a finished article that is the same as or analogous to the finished article in respect of which the design is to be registered, (a) has not been disclosed, more than 12 months before the priority date of the design in the application, in such a manner that it became available to the public in Canada or elsewhere, by (i) the person who filed the application, (ii) that person’s predecessor in title, or (iii) a person who obtained knowledge of the design in the application, directly or indirectly, from the person who filed the application or their predecessor in title; (b) has not been disclosed by any other person, before the priority date referred to in paragraph (a), in such a manner that it became available to the public in Canada or elsewhere; and (c) subject to the regulations, has not been disclosed in an application filed in Canada for the registration of a design whose priority date is before the priority date referred to in paragraph (a). Application deemed never filed (2) For the purposes of paragraph (1)(c), an application referred to in that paragraph is deemed never to have been filed if it is withdrawn before the earlier of the date on which it is made available to the public under section 8.3 and the date on which a design in it is registered. 2014, c. 39, s. 105
Industrial Design Act — I-9 8.3
Application and documents made available to public 8.3 (1) The Minister shall make available to the public, on the prescribed date, an application for the registration of a design and all documents in the Minister’s possession relating to the application and to the design’s registration. Non-disclosure (2) Except with the approval of the applicant or the registered proprietor, the Minister shall, before the prescribed date referred to in subsection (1), refuse to disclose the application for the registration of the design and any information or document relating to the application or to the design’s registration. Limitation (3) The prescribed date referred to in subsection (1) may not be later than the later of the date of registration of the design and 30 months after the filing date of the application for registration or, if a request for priority is made in respect of the application, the earliest filing date of a previously regularly filed application on which the request for priority is based. Withdrawal of request (4) If a request for priority is withdrawn on or before the prescribed date, it shall, for the purposes of subsection (3) and to the extent that it is withdrawn, be deemed never to have been made. Withdrawn applications (5) If an application for the registration of a design is withdrawn in accordance with the regulations on or before the prescribed date, the Minister shall not make the application and documents referred to in subsection (1) available to the public and shall refuse to disclose the application and documents, as well as any information relating to them. Prescribed date (6) A prescribed date referred to in subsection (4) or (5) is to be no later than the prescribed date referred to in subsection (1). 2014, c. 39, s. 105; 2017, c. 26, s. 60(E)
Industrial Design Act — I-9 9
Exclusive right 9 The registration of a design, unless shown to be invalid, gives to the proprietor an exclusive right in relation to the design. R.S., 1985, c. I-9, s. 9; 2014, c. 39, s. 105
Industrial Design Act — I-9 10
Duration of exclusive right 10 (1) Subject to subsection (3), the term limited for the duration of an exclusive right (a) begins on the later of the date of registration of the design and the prescribed date, referred to in subsection 8.3(1), on which the application for the registration of the design is made available to the public; and (b) ends on the later of the end of 10 years after the date of registration of the design and the end of 15 years after the filing date of the application. Maintenance fees (2) The proprietor of a design shall, to maintain the exclusive right accorded by the registration of the design, pay to the Commissioner of Patents such fees, in respect of such periods, as may be prescribed. Expiration of term (3) Where the fees payable under subsection (2) are not paid within the time provided for by the regulations, the term limited for the duration of the exclusive right shall be deemed to have expired at the end of that time. R.S., 1985, c. I-9, s. 10; 1993, c. 15, s. 17, c. 44, s. 163; 2014, c. 39, s. 106
Industrial Design Act — I-9 11
Using design without licence 11 (1) During the existence of an exclusive right, no person shall, without the licence of the proprietor of the design, (a) make, import for the purpose of trade or business, or sell, rent, or offer or expose for sale or rent, any article in respect of which the design is registered and to which the design or a design not differing substantially therefrom has been applied; or (b) do, in relation to a kit, anything specified in paragraph (a) that would constitute an infringement if done in relation to an article assembled from the kit. Substantial differences (2) For the purposes of subsection (1), in considering whether differences are substantial, the extent to which the registered design differs from any previously published design may be taken into account. R.S., 1985, c. I-9, s. 11; 1993, c. 44, s. 164
Industrial Design Act — I-9 11.1
Restriction on protection 11.1 No protection afforded by this Act shall extend to features applied to a useful article that are dictated solely by a utilitarian function of the article or to any method or principle of manufacture or construction. 2014, c. 39, s. 107
Industrial Design Act — I-9 12
First proprietor 12 (1) The author of a design is the first proprietor of the design, unless the author has executed the design for another person for a good and valuable consideration, in which case the other person is the first proprietor. Acquired right (2) The right of another person to the property shall only be co-extensive with the right that the other person has acquired. R.S., 1985, c. I-9, s. 12; 1993, c. 15, s. 18
Industrial Design Act — I-9 13
Design transferable 13 (1) Every design, whether registered or unregistered, is transferable in whole or in part. Recording of transfer of application (2) The Minister shall, subject to the regulations, record the transfer of an application for the registration of a design on the request of the applicant or, on receipt of evidence satisfactory to the Minister of the transfer, on the request of a transferee of the application. Registration of transfer of design (3) The Minister shall, subject to the regulations, register the transfer of any registered design on the request of the registered proprietor or, on receipt of evidence satisfactory to the Minister of the transfer, on the request of a transferee of the design. Transfer void (4) A transfer of a registered design that has not been registered is void against a subsequent transferee if the transfer to the subsequent transferee has been registered. Removal of recording or registration (5) The Minister shall remove the recording or registration of the transfer of an application for the registration of a design or the transfer of a registered design on receipt of evidence satisfactory to the Minister that the transfer should not have been recorded or registered. Limitation (6) The Minister is not authorized to remove the registration of a transfer of a registered design for the reason only that the transferor had previously transferred the registered design to another person. R.S., 1985, c. I-9, s. 13; 1993, c. 15, s. 19; 2014, c. 39, s. 108
Industrial Design Act — I-9 15
Action by proprietor or licensee 15 (1) An action for infringement of an exclusive right may be brought in any court of competent jurisdiction by the proprietor of the design or by an exclusive licensee of any right therein, subject to any agreement between the proprietor and the licensee. Proprietor to be a party (2) The proprietor of the design shall be or be made a party to any action for infringement of the exclusive right. R.S., 1985, c. I-9, s. 15; 1993, c. 44, s. 166
Industrial Design Act — I-9 15.1
Power of court to grant relief 15.1 In any proceedings under section 15, the court may make such orders as the circumstances require, including orders for relief by way of injunction and the recovery of damages or profits, for punitive damages, and for the disposal of any infringing article or kit. 1993, c. 44, s. 166
Industrial Design Act — I-9 15.2
Concurrent jurisdiction 15.2 The Federal Court has concurrent jurisdiction to hear and determine (a) any action for the infringement of an exclusive right; and (b) any question relating to the proprietorship of a design or any right in a design. 1993, c. 44, s. 166
Industrial Design Act — I-9 17
Defence 17 (1) In any proceedings under section 15, a court shall not award a remedy, other than an injunction, if the defendant establishes that, at the time of the act that is the subject of the proceedings, the defendant was not aware, and had no reasonable grounds to suspect, that the design was registered. Exception (2) Subsection (1) does not apply if the plaintiff establishes that the capital letter "D" in a circle and the name, or the usual abbreviation of the name, of the proprietor of the design were marked on (a) all, or substantially all, of the articles to which the registration pertains and that were distributed in Canada by or with the consent of the proprietor before the act complained of; or (b) the labels or packaging associated with those articles. Proprietor (3) For the purposes of subsection (2), the proprietor is the proprietor at the time the articles, labels or packaging were marked. R.S., 1985, c. I-9, s. 17; 1993, c. 15, s. 21, c. 44, s. 168
Industrial Design Act — I-9 18
Limitation 18 No remedy may be awarded for an act of infringement committed more than three years before the commencement of the action for infringement. R.S., 1985, c. I-9, s. 18; 1993, c. 44, s. 169
Industrial Design Act — I-9 21
Time period extended 21 (1) If a time period fixed under this Act for doing anything ends on a prescribed day or a day that is designated by the Minister, that time period is extended to the next day that is not a prescribed day or a designated day. Power to designate day (2) The Minister may, on account of unforeseen circumstances and if the Minister is satisfied that it is in the public interest to do so, designate any day for the purposes of subsection (1). If a day is designated, the Minister shall inform the public of that fact on the website of the Canadian Intellectual Property Office. R.S., 1985, c. I-9, s. 21; 1993, c. 15, s. 22; 2015, c. 36, s. 46
Industrial Design Act — I-9 22
Federal Court may rectify entries 22 (1) The Federal Court may, on the information of the Attorney General or at the suit of any person aggrieved by any omission without sufficient cause to make any entry in the Register of Industrial Designs, or by any entry made without sufficient cause in the Register, make such order for making, expunging or varying any entry in the Register as the Court thinks fit, or the Court may refuse the application. Costs (2) In either case, the Federal Court may make such order with respect to the costs of the proceedings as the Court thinks fit. Questions to be decided (3) The Federal Court may in any proceedings under this section decide any question that may be necessary or expedient to decide for the rectification of the Register. Jurisdiction (4) The Federal Court has exclusive jurisdiction to hear and determine proceedings under this section. R.S., c. I-8, s. 22; R.S., c. 10(2nd Supp.), s. 64
Industrial Design Act — I-9 23
Application to alter design 23 (1) The registered proprietor of any registered industrial design may apply to the Federal Court for leave to add to or alter any industrial design in any particular not being an essential particular, and the Court may refuse or grant leave on such terms as it may think fit. Notice to Minister (2) Notice of any intended application to the Federal Court under this section for leave to add to or alter any industrial design shall be given to the Minister, and the Minister is entitled to be heard on the application. R.S., c. I-8, s. 23; R.S., c. 10(2nd Supp.), s. 64
Industrial Design Act — I-9 24
Consequent rectification of register 24 A certified copy of any order of the Federal Court for the making, expunging or varying of any entry in the Register of Industrial Designs, or for adding to or altering any registered industrial design, shall be transmitted to the Minister by an officer of the Registry of the Court, and the Register shall thereupon be rectified or altered in conformity with the order, or the purport of the order otherwise duly entered therein, as the case may be. R.S., c. I-8, s. 24; R.S., c. 10(2nd Supp.), s. 65
Industrial Design Act — I-9 24.1
Electronic form and means 24.1 (1) Subject to the regulations, any document, information or fee that is submitted to the Minister or the Commissioner of Patents under this Act may be submitted in any electronic form, and by any electronic means, that is specified by the Minister or the Commissioner of Patents. Collection, storage, etc. (2) Subject to the regulations, the Minister and the Commissioner of Patents may use electronic means to create, collect, receive, store, transfer, distribute, publish, certify or otherwise deal with documents or information. Definition of electronic (3) In this section, electronic , in reference to a form or means, includes optical, magnetic and other similar forms or means. 2014, c. 39, s. 110
Industrial Design Act — I-9 29
Definition of coming-into-force date 29 In sections 30 to 32, coming-into-force date means the day on which subsection 104 (2) of the Economic Action Plan 2014 Act, No. 2 comes into force. R.S., 1985, c. I-9, s. 29; 1993, c. 44, s. 171; 1994, c. 47, s. 118; 2014, c. 39, s. 112
Industrial Design Act — I-9 30
Prior applications — filing date 30 An application for the registration of a design whose filing date, determined under this Act as it read immediately before the coming-into-force date, is before the coming-into-force date, shall be dealt with and disposed of in accordance with (a) the provisions of this Act, as they read immediately before the coming-into-force date, other than sections 5, 13 and 20; and (b) sections 5, 13, 21 and 24.1. 1993, c. 15, s. 24; 2014, c. 39, s. 112; 2015, c. 36, s. 48
Industrial Design Act — I-9 31
Prior application — no filing date 31 An application for the registration of a design that is filed before the coming-into-force date and that does not, on that date, have a filing date, determined under this Act as it read immediately before the coming-into-force date, shall be deemed never to have been filed. 2014, c. 39, s. 112
Industrial Design Act — I-9 32
Registered designs 32 Any matter arising on or after the coming-into-force date, in respect of a design registered before that date or a design registered on or after that date on the basis of an application whose filing date, determined under this Act as it read immediately before the coming-into-force date, is before the coming-into-force date, shall be dealt with and disposed of in accordance with (a) the provisions of this Act, as they read immediately before the coming-into-force date, other than sections 3, 13 and 20; and (b) sections 3, 3.1, 13, 21 and 24.1. 2014, c. 39, s. 112; 2015, c. 36, s. 49
Industrial Design Act — I-9 33
Regulations 33 For greater certainty, a regulation made under section 25 applies to an application referred to in section 30 and to a design referred to in section 32, unless the regulation provides otherwise. 2014, c. 39, s. 112
James Bay and Northern Quebec Native Claims Settlement Act — J-0.3 Preamble
Preamble WHEREAS the Government of Canada and the Government of Quebec have entered into an Agreement with the Crees and the Inuit inhabiting the Territory within the purview of the 1898 acts respecting the Northwestern, Northern and Northeastern Boundaries of the Province of Quebec and 1912 Quebec Boundaries extension acts, and with the Inuit of Port Burwell;
James Bay and Northern Quebec Native Claims Settlement Act — J-0.3
AND WHEREAS the Government of Canada and the Government of Quebec have assumed certain obligations under the Agreement in favour of the said Crees and Inuit;
James Bay and Northern Quebec Native Claims Settlement Act — J-0.3
AND WHEREAS the Agreement provides, inter alia , for the grant to or the setting aside for Crees and Inuit of certain lands in the Territory, the right of the Crees and Inuit to hunt, fish and trap in accordance with the regime established therein, the establishment in the Territory of regional and local governments to ensure the full and active participation of the Crees and Inuit in the administration of the Territory, measures to safeguard and protect their culture and to ensure their involvement in the promotion and development of their culture, the establishment of laws, regulations and procedures to manage and protect the environment in the Territory, remedial and other measures respecting hydro-electric development in the Territory, the creation and continuance of institutions and programs to promote the economic and social development of the Crees and Inuit and to encourage their full participation in society, an income support program for Cree and Inuit hunters, fishermen and trappers and the payment to the Crees and Inuit of certain monetary compensation;
James Bay and Northern Quebec Native Claims Settlement Act — J-0.3
AND WHEREAS the Agreement further provides in consideration of the rights and benefits set forth therein for the surrender by the said Crees, the Inuit of Quebec and the Inuit of Port Burwell of all their native claims, rights, titles and interests, whatever they may be, in and to the land in the Territory and in Quebec;
James Bay and Northern Quebec Native Claims Settlement Act — J-0.3
AND WHEREAS Parliament and the Government of Canada recognize and affirm a special responsibility for the said Crees and Inuit;
James Bay and Northern Quebec Native Claims Settlement Act — J-0.3
AND WHEREAS it is expedient that Parliament approve, give effect to and declare valid the Agreement;
James Bay and Northern Quebec Native Claims Settlement Act — J-0.3
NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
James Bay and Northern Quebec Native Claims Settlement Act — J-0.3 1
Short title 1 This Act may be cited as the James Bay and Northern Quebec Native Claims Settlement Act .
James Bay and Northern Quebec Native Claims Settlement Act — J-0.3 2
Definitions 2 In this Act, Agreement means the agreement between the Grand Council of the Crees (of Quebec), the Northern Quebec Inuit Association, the Government of Quebec, la Société d’énergie de la Baie James, la Société de développement de la Baie James, la Commission hydro-électrique de Québec and the Government of Canada dated November 11, 1975, as amended by the agreement between the same parties dated December 12, 1975, tabled in the House of Commons by the Minister of Indian Affairs and Northern Development on July 13, 1976 and recorded as document number 301-5/180C; ( Convention ) Territory has the meaning assigned to that word by subsection 1.16 of the Agreement, namely, the entire area of land contemplated by the 1912 Quebec boundaries extension acts (an Act respecting the extension of the Province of Quebec by the annexation of Ungava, Que. 2 Geo. V, c. 7 and the Quebec Boundaries Extension Act, 1912, Can. 2 Geo. V, c. 45) and by the 1898 acts (an Act respecting the delimitation of the Northwestern, Northern and Northeastern boundaries of the Province of Quebec, Que. 61 Vict. c. 6 and an Act respecting the Northwestern, Northern and Northeastern boundaries of the Province of Quebec, Can. 61 Vict. c. 3). ( Territoire )
James Bay and Northern Quebec Native Claims Settlement Act — J-0.3
Agreement means the agreement between the Grand Council of the Crees (of Quebec), the Northern Quebec Inuit Association, the Government of Quebec, la Société d’énergie de la Baie James, la Société de développement de la Baie James, la Commission hydro-électrique de Québec and the Government of Canada dated November 11, 1975, as amended by the agreement between the same parties dated December 12, 1975, tabled in the House of Commons by the Minister of Indian Affairs and Northern Development on July 13, 1976 and recorded as document number 301-5/180C; ( Convention )
James Bay and Northern Quebec Native Claims Settlement Act — J-0.3
Territory has the meaning assigned to that word by subsection 1.16 of the Agreement, namely, the entire area of land contemplated by the 1912 Quebec boundaries extension acts (an Act respecting the extension of the Province of Quebec by the annexation of Ungava, Que. 2 Geo. V, c. 7 and the Quebec Boundaries Extension Act, 1912, Can. 2 Geo. V, c. 45) and by the 1898 acts (an Act respecting the delimitation of the Northwestern, Northern and Northeastern boundaries of the Province of Quebec, Que. 61 Vict. c. 6 and an Act respecting the Northwestern, Northern and Northeastern boundaries of the Province of Quebec, Can. 61 Vict. c. 3). ( Territoire )