A Canadian designer develops the appearance of a new lamp. The shape is distinctive, the proportions carefully considered and the finished object instantly recognizable. An entrepreneur sees the lamp, likes how it looks and asks whether the designer has patented it. The question points to a common misunderstanding about what intellectual property actually protects.
The Canadian Intellectual Property Office describes industrial design as protection for a product's visual features. Its guide distinguishes appearance from a product's material composition, manufacture or functional operation. Patents, trademarks, copyright and industrial design rights each address different things, and several may be relevant to the same product.
The handoff before production
Suppose a designer shows sketches to a manufacturer and signs a short agreement authorizing prototypes. A few months later the manufacturer launches a similar product under its own label. The first question isn't whether the manufacturer liked the idea. It is what the parties agreed about ownership, industrial design registration, confidentiality and later commercial use.
A designer who keeps careful drawings but never reviews the registration timeline may face different options from one who has taken steps to register an eligible design. An agreement that transfers all intellectual property can be commercially reasonable, but it should be understood before the work moves from prototype to sale.
Form has value beyond function
A product can perform an ordinary task while its appearance expresses a distinct creative choice. Protecting that aspect of design isn't the same as prohibiting everyone from making objects that perform the task. The difference matters to designers, businesses buying their work and competitors developing alternatives.
CIPO's guidance is a starting point. Availability, originality, registration requirements and ownership need to be assessed for the actual design and the relevant dates. A portfolio photograph by itself doesn't establish that the right was registered or who controls it.