Changes to Design Protection Act Enforcement Rules
Art Law

Changes to Design Protection Act Enforcement Rules

A number of changes to the Enforcement Rules of the Design Protection Act came into effect on October 1 st 2019. The main changes — which are generally in the interest of simplifying or relaxing the earlier rules — are briefly explained below: 1. Expansion of permitted addition/amendment of creator information post-registration Previously, creator information could only be added/amended post-registration if the error being rectified was “obvious” (e.g. misspelling, duplication, incorrect transliteration of foreign name, etc.), while other amendments had to be made before a registration decision was issued for a pending design application. Going forward, it will be easier to make additions/amendments even after registration. This change brings the relevant design provisions in line with patents and utility models, for which the equivalent enforcement rules concerning inventor information were updated in a similar manner earlier this year. According to the new rules, where the amendment concerns an omission or “obvious” error in the creator information in the filed design application, rectification will be possible upon request. In other cases, a declaration or similar notarized document will be required from the owner and all other creators listed on the design application in order for the amendment to be reflected. […]

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