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 -
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 -
Do you actually own the IP generated by your Canadian employees?
Employees are the source of some of their employer’s most valuable intangible assets, that is, intellectual property assets.Read More -
COVID-19 Update: Further extension of Canadian Intellectual Property Office deadlines to August 31, 2020
Due to interruptions in CIPO’s online and fax services resulting from scheduled maintenance taking place this weekend, CIPO has decided to extend deadlines one more time.Read More -
What the amendments to the USMCA mean for Canadian IP law
On December 10, 2019, Canada, the United States and Mexico signed the Protocol of Amendment to the Agreement between the United States of America, the United Mexican States and Canada (commonly referr...Read More -
A long and winding road: Canada nears the end of an ambitious project to modernize patent, trademark and industrial design laws
On July 30, 2019, Canada acceded to the Patent Law Treaty. This accession marks the near completion of a long and ambitious journey by Canada to modernize its patent, trademark and industrial design l...Read More -
Quick, Easy, Secure: Canada joins WIPO’s Digital Access Service for industrial design priority documents
Submitting priority documents for industrial design applications in Canada has just become more efficient! On April 1, 2019, the Canadian Intellectual Property Office (CIPO) continued the modernizatio...Read More
Related News & Media
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How small businesses can use IP law to combat foreign counterfeiting – Reagan Seidler speaks to CBC News
Recently, Associate Reagan Seidler spoke with CBC News on foreign counterfeiting.Read More -
Smart & Biggar welcomes Francesca Roy as a new associate in Montréal
Smart & Biggar is pleased to announce that Francesca Roy has joined the firm as an associate in Montreal. Francesca has been hired back following her articles with the firm and her call to the Que...Read More -
Smart & Biggar celebrates World IP Day and the role of IP on business success for SMEs
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 -
Smart & Biggar a ‘market-leading IP boutique’ in 2021 edition of The Legal 500 Canada
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 -
Smart & Biggar expands in Vancouver with the addition of Norman Cameron and his team from Cameron IP
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 -
Smart & Biggar builds on strength as an IP litigation powerhouse with the additions of Noelle Engle-Hardy and Ryan Evans in Toronto
We are proud to welcome Noelle Engle-Hardy and Ryan Evans as the newest members of Smart & Biggar’s highly skilled IP litigation team.Read More -
Smart & Biggar welcomes three new Partners and a new Counsel for 2020
The partners of Smart & Biggar LLP and Smart & Biggar IP Agency Co. are pleased to welcome Graham Hood, Lei Liu and Patrick Roszell to the partnership of the two firms.Read More -
Smart & Biggar team members gather for and speak at the IPIC Annual Conference
The Intellectual Property Institute of Canada (IPIC) will host its 93rd Annual Conference in Ottawa from September 25-27th, 2019.Read More