Industrial design is an ornamental or aesthetic aspect of an article. It can be either in three dimensions or two dimensions. Examples include Apple's iPhone, the much-litigated industrial designs related to the shaping of that phone.
Another example is Bodum, which has a double-wall glass. This is the case litigated in Canada in 2012. The introduction of the Hague system into Canada will provide a mechanism for registering an industrial design in several countries by means of a single application filed in one language and with one set of fees. Unfortunately the amendment is introducing an issue with respect to design novelty. There is a requirement that a design be new to be registerable. This is something where the devil is going to be in the details of the regulations that are going to come out eventually.
As is apparent from our comments much remains to be done in and through amendments to the patent rules and the industrial design regulations. We recommend consultation on the rules and regulations be broad and that all interested parties be provided with sufficient time to fully consider and work through the details of the proposed changes and avoid unintended outcomes.
On behalf of Ms. Singh, thank you.