b'BENCHMARKScommence an action for infringement ifprotection a valuable asset in anNote: This article is of a general nature only others use the design without license.increasingly competitive industry. and is not exhaustive of all possible legal Protection is granted for the later ofrights or remedies. In addition, laws may 10 years from the date of registrationIf you are a builder, architect, designer, and 15 years from the filing datedeveloper or engineer who is interestedchange over time and should be interpreted of the application, so long as thein developing or updating your intellectualonly in the context of particular circumstances holder continues to pay the requiredproperty strategy, MLT Aikins technology,such that these materials are not intended maintenance fees. After the period ofintellectual property & privacy team canto be relied upon or taken as legal advice protection, or if the holder does not payguide you through that exercise and discussor opinion. Readers should consult a legal the outlined fees, the protection expirespotential strategies, including the use ofprofessional for specific advice in any and the design becomes part of theindustrial design registrations. particular situation.public domain.CHANGES FOR PROTECTIONIn June 2024, the CIPO updated its practice guide, and protection is now applicable to the outward visual appearance of a building or structure, including shape, configuration, pattern and ornament. Shapes and configuration are the three-dimensional elements of an article, such as the unique shape of a particular building. Patterns or ornaments are two-dimensional elements found on an article for decorative purpose, such as a decorative element placed on a building. Alongside this, the change applies retroactively, allowing previously filed applications to be considered regardless of the filing date. These expanded protections also include buildings or structures built on site.TAKEAWAYSRecognizing the registrability of designs in buildings or structures now provides a higher level of intellectual property protection that was not possible under the CIPOs former practice. As construction projects increasingly emphasize unique architectural styles, sustainability and the integration of smart technologies, protecting industrial designs ensures that original ideas are not copied or exploited by competitors without permission. The use of industrial design protection will likely play a crucial role in safeguarding the aesthetic aspects of innovative structures and building components. Industrial design protection fosters creativity and innovation by giving builders, architects, designers, developers and engineers the confidence that their unique designs, whether in buildings or structures, will be protected. It also contributes to a companys reputation, market differentiation and potential revenue streams through licensing or exclusivity, making design Issue 4 | Winter Edition | 2024 / 2025 BUILD MANITOBA 21'