b'BENCHMARKSHOW TO PROTECT YOUR INDUSTRIAL DESIGNSBuildings and structures now receive increased intellectual property protectionsBy Andy Chow, Nicolas Joubert and Shelly Neal, MLT Aikins LLPThe construction industry has recentlyinclude industrial design protections forappeal to and are judged solely bybeen given access to additionalbuildings or structures.the eye. intellectual property protections by theWHAT ARE INDUSTRIAL DESIGNS? Registration of a design can be used to Canadian Intellectual Property OfficeIntellectual property belongingprovide protection for mass-produced (CIPO). Previously, buildings or structuresto builders, architects, designers,articles, and prospective holders must file were not viewed as finished articles,developers and engineers can include:applications for registration following the which is interpreted by the CIPO as(i) copyright, applicable to buildersspecifications found in the IDA. To qualify, anything made by hand, tool or machineplans, codes and technical drawings; (ii)applicants must follow the process to which a design could be applied. trademarks, registered or unregisteredoutlined under the IDA and the design Therefore, the CIPO was not grantingfor words, logos, slogans, etc.; (iii)must be novel (new), not solely consist industrial design registrations for thepatents, protecting inventions; andof utilitarian functions, as protection designs of buildings or structures.(iv) industrial designs. The Industrialapplies only for visual characteristics of However, on June 14, 2024, the CIPODesign Act, RSC 1985, c 1-9 (IDA) definesthe article, and not be contrary to public amended its practice. As a result,industrial design or designs as includingmorality or order.construction industry professionalsfeatures of shape, configuration, pattern should consider updating theiror ornament and any combination ofOnce registered, the holder carries an intellectual property strategies tothose features that, in a finished article,exclusive right to the design and can 20 BUILD MANITOBAwinnipegconstruction.ca'