On June 14, 2024, the Canadian Intellectual Property Office (“CIPO”) introduced a change to its practice with respect to industrial designs applied to buildings and structures.

Namely, CIPO now takes the position that buildings and structures may be eligible for design protection. CIPO’s recent extension of industrial design protection to buildings and structures may impact parties who are involved in the design and construction of buildings and structures, including architects, engineers, developers, and property owners.

Understanding how the recent change in practice with respect to the industrial design system in Canada complements the existing Canadian copyright regime is key for governing existing and future relationships between these parties.