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The Similar And Different Regulations On Industrial Designs Between China And Canada/赫子竞


features that you intended to protect.
In China, the extend of protection of the patent right for design shall be determined by the product incorporating the patented design as shown in the drawings of the photographs.
2.9 Preparing your application
An application for registration of an industrial design has three basic elements as: [1] the application form;[2] at least one drawing or photograph of the design; and [3] the required fee(s). The application must include a title that identifies the finished article to which the design is applied. It should be the common name used in the trade. The description, along with drawings and title, must provide an actual picture of the design.
Only for Canada, each industrial design application must be limited to a single design or to “variants”. Variants are designs which do not differ substantially from one another. You may add variants of the design to your application anytime before registration.
2.10 Fees
In Canada, you must pay a fee to make your application examined by the Industrial Design Office. There additional fees for maintenance and late payment of the maintenance fee of designs. Before the expiry of five-years from the date of registration, a maintenance fee must be paid or the protection will cease.
In china, you shall an annual fee beginning with the year in which the exclusive right of design was granted. Failing to pay the annual fee will result in ceasing of protection before the expiration of its duration. The maintenance fee just exists in field of applying for a patent for invention. That is where the applicant for a patent for invention had not been granted a patent right within two years from the date

of filing; the applicant shall pay a fee for the maintenance of the applicant from the third year.
3. The main regulations on process
3.1 The similar process of obtaining a design registration
The process of obtaining a design registration is made up of three distinct phases:[1] initial processing ( when you first file the application) [2] examination;[3] registration
3.1.1 Initial processing
Your application will undergo preliminary review by staff to ensure that basic administrative requirements have been met. If the application is complete a filing certificate will be issued; this is merely an acknowledgement that the application has been received and processed a filing date issued. It also gives you the number assigned to your application so that you can refer to that number in later correspondence. If the application is incomplete, you will also receive a report, advising you of what is required to complete it. Every report issued by the Office will give a due date for reply. If you do not reply by that due date your application will be considered abandoned.
3.1.2 examination
The first step in this phase of the process is the classification of your application according to the particular type of article to which it relates. This is followed by a formal assessment by an examiner who will study your description and drawings or photographs. This will then be compared with previously registered designs and designs published anywhere in the world to ensure that your design in original or registerable. You design cannot be the same or similar to a design already applied to a similar article of manufacture. The wording of the description wil

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