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1、The Similar And Different Regulations On Indu演讲范文万题库收藏文章分享微信QQ空间新浪微博腾讯微博人人网 评论and its implementing regulations; As for Canada, The Industrial Design At and Industrial Design Regulations details the regulations that govern design rights. As a general rule, to be registerable, the design must be “ne”
2、or “original”. Different ountries have varing definitions of suh terms, as ell as variations in the registration proess itself. Generall, “ne” means that no idential or ver similar design is knon to have existed before. Depending on the partiular national la and the kind of design, an industrial des
3、ign ma also be proteted as a ork of art under opright.The main differene onerning registration1 When to file an appliationThere is no time limit for filing an appliation as long as the design had never been published. The term “published” means that the design has been made publi or offered for meri
4、al sale or use anhere in the orld. It is best to file an quikl as possible if publiation has ourred.In hina, an design appliation does not lose its novelt here, ithin six months before the date of filing, one of the folloing events ourred:here it as first exhibited at an international exhibition spo
5、nsored of reognized b the Chinese Government;here it as first made publi at a presribed *demi or tehnologial meeting;hen it as dislosed b an person ithout the onsent of the appliant.In Canada, the design shall be refused to be registered if the appliation is filed more than one ear after the publiat
6、ion of the design in Canada of somehere.2 ho an appl? Onl the proprietor of a design ma appl for and obtain registration for an industrial design both in China and Canada, hile there exists little differene beteen the to ountries on the question that ho an be defined as proprietor. usuall ou are ons
7、idered the proprietor if ou have reated the design; if ou ork together ith other person to reat a design, ou should file for registration as joint proprietors or, ou an simpl authorize others to use the design subjet to stated onditions. 4.4 Registration outside the native ountr or for international
8、 protetionGenerall, industrial design protetion is limited to the ountr in hih protetion is granted. Under the Hague Agreement Conerning the International Deposit of Industrial Designs, a WIPO-administered treat, a proedure for an international registration is offered. An appliant an file a single i
9、nternational deposit either ith WIPO of the national offie of a ountr hih is part to the treat. The design ill then be proteted in as man member ountries of the treat as the appliant ishes. It is important to note that in some ountries our appliation ould be rejeted if ou or someone else has previou
10、sl registered the design.4.5 Priorit rightsProedures for obtaining international design rights are partiall governed b an international treat alled the Paris Convention for the Protetion of Industrial Propert. The Paris Convention, hih has some 90 member ountries, inluding Canada, allos appliants to
11、 invoke hat is alled “ onvention priorit”. This means that someone ho has filed for design registration in one Convention ountr has six months in hih to file an appliation for the design in another ountr and be aorded the same rights as if hshe had filed in the seond ountr on the original filing dat
12、e.Referenes:l Industrial Design At of Canada l Industrial Designs Regulations of Canada l Patent La of the Peoples Republi of Chinal Implementing Regulations of the Patent la of the Peoples Republi of Chinal Paris Convention for the Protetion of Industrial Propert.l Patent Cooperate Treat The Similar And Different Regulations On Indu12
