The owner of a registered industrial design may bring a civil action for infringement of the design and may obtain remedies such as an injunction, damages, an accounting for profits resulting from the infringement or punitive damages. Though marking an article embodying a registered design with notice of the registration is not required, it may be helpful in a court proceeding for infringement, especially to counter a defence that the infringer was not aware, and had no reasonable grounds to suspect, that the design was registered. The article or its label or packaging can be marked with a capital D in a circle, together with the name, or an abbreviation of the name, of the design’s registered owner. Other Forms of Statutory Protection Certain other specialized intellectual property rights are provided for in other federal statutes, including the Plant Breeders’ Rights Act and the Integrated Circuit Topography Act. Registration of a “.ca” domain name does not give the registrant any additional rights beyond the mere right to use the name as a domain name, other than common law trademark rights that may exist or be created through commercial use of the domain name.
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Doing Business in Canada
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