Maximizing the value of a product’s unique design
When a product’s look is important to customers, industrial design protection is critical.
A product’s visual features can set it apart from the competition, driving sales and increasing market share. A registered industrial design provides exclusivity over that product’s registered design features.
The Smart & Biggar difference
Smart & Biggar’s expertise in identifying, securing and enforcing industrial design rights is unmatched. Our team also understands the complex interplay between industrial design law and other forms of intellectual property, including patents, copyright and trade dress rights to expertly develop a sophisticated strategic approach to product appearance. Our diverse knowledge allows us to provide precise, timely and focused legal advice for Canadian and international companies seeking to protect and enforce their product designs.
Experience and ingenuity
We have filed more industrial design applications than any other firm in Canada. We work closely and seamlessly with creators, product developers and designers to understand and protect what makes a product’s design unique and important. We do so creatively, leveraging industrial design registrations as part of a strong IP portfolio based on a comprehensive IP protection strategy.
Key Contacts
Client Success
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Bodum USA Inc and PI Design AG v Trudeau Corporation
2012 FC 1128Successfully represented the respondent Trudeau Corporation in an industrial design infringement action where the Court rejected the plaintiffs’ claim of industrial design infringement and declar...Read More -
Peak Innovations Inc v Meadowland Flowers Ltd
T-1268-08Successfully resisted an appeal regarding the jurisdiction of the Federal Court. -
Inhesion Industrial Co v Anglo Canadian Mercantile Co
6 CPR (4) 362 (FCTD)Successfully resisted summary judgment motion in Federal Court of Canada in copyright case concerning tableware.
Related Publications & Articles
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Protecting trade secrets and confidential business information in Canada
This article explains how trade secrets and confidential business information are understood and protected in Canada, and offers businesses operating in Canada a selection of best practice insights fo...Read More -
CIPO Extends Industrial Design Protection to Buildings and Structures
The Industrial Design Office has announced that it is changing its practice with respect to industrial designs applied to buildings or structures.Under the previous policy, designs applied to building...Read More -
Intellectual Property Strategy for Protecting Software: Supplementing Utility Patent Protection with Industrial Designs
An often-overlooked form of intellectual property (IP) protection for software applications is industrial design protection for a graphical user interface (GUI). The GUI can include unique design feat...Read More -
Crocs Canada v Double Diamond: Strength of industrial design rights and remedies in Canada reaffirmed by Federal Court
Earlier this fall the Federal Court of Canada issued a rare decision concerning industrial design infringement and reaffirmed several points of law favouring holders of industrial design registrations...Read More -
IP protection for your product’s design and function is a smart investment
This article provides helpful advice for companies wanting to protect their IP rights and increase their profits. Smart & Biggar IP experts detail the importance of investing in industrial design ...Read More -
IP Metaverse Series: Industrial Design Protection in the Metaverse
Navigate the evolving regulatory landscape for AI-based medical devices in the US, EU, China, and Canada. Understand premarket clearance, conformity assessments, and technical guidelines impacting mar...Read More -
AI in Focus: Brain-Computer Interface Technologies
Mind-controlled exoskeletons and advanced neuroprosthetics; virtual and augmented reality; wearable devices that use brain-based data to influence a user’s emotions and moods – these were once the dom...Read More -
Divisional Due Dates for Canadian Industrial Designs
On November 5, 2018, Canada’s amended Industrial Design Act and Regulations came into force. Among other things, the new law permits the filing of divisional applications for any d...Read More
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Today is WORLD IP DAY and Smart & Biggar is proud to join in celebrating the theme “IP & SMEs: taking your ideas to market”. Recognizing the importance of Small and Medium-Sized Enterprises (S...Read More -
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Smart & Biggar is pleased to share the firm’s recognition as a ‘Tier 1’ firm for Intellectual Property in the 2021 edition of The Legal 500 Canada.Read More -
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Smart & Biggar announced today that Norman Cameron and his team from Cameron IP will be joining the firm’s office in Vancouver, Canada.Read More -
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Smart & Biggar team members gather for and speak at the IPIC Annual Conference
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