This article describes the process of registering the title in the name of the Proprietor or Part Proprietor under relevant rules of the Design Rules, 2001.
Under Rule 33 of the Design Rules, 2001 once a design is registered; and subsequently the rights to the same are assigned. An application of ownership is submitted to the Controller. This application is rendered for the registration of title in the name of the new proprietor. Further, under Rule 37 an assignment agreement has to be submitted in its original limitation. This agreement is required to be written; and all the interests of the parties are illustrated in the form of the instrument comprising all terms and conditions. Any violation of the same will make the agreement void. After the performance of all the practices and their registration under the register of designs; the assignment of rights is enforced from that date.
Since Designs are important intellectual assets, proprietors have the right to pass on these rights to expand their business.
This depends on the extent of the rights being transferred be it through; assignment, transmission, or any other operation of law, and; the status of the Design application.
After such assignment is finalized by way of an assignment agreement; the original proprietor of the design must initiate this change in title; through Form 11 under section 30.
Thus, Form 11 is submitted under the following circumstances:
An individual is entitled to the copyright in a registered design on account of assignment, transmission, or operation of law.
An individual can similarly access any interest from a registered design on account of a mortgage, license, or otherwise. The applicant, who is qualified to any such right, may file a petition to register his ownership along with the copies of the agreement, authorized by the Controller.
If the difference in proprietorship is due to an assignment; the petition is submitted in Form-11.
The owner or their legal agent can apply for restoration of the design. If this restoration is filed by any other individual claiming to be the present proprietor of the design; such petition is accompanied by Form-11, for causing the modification in name; or proprietorship in the register of designs.
The application for restoration is submitted only after the change in name; or proprietorship is affected as per provisions of the Act. However, if the change in proprietorship occurred after the design ceased to have an effect; such an application from the subsequent proprietor is not entertained.
If the registered owner failed to register the change in name; they must initially apply for such alteration in the Register.
To proceed with an application that requests the entry of the name of the proprietor or part proprietor in the Register through Form 11, the applicant or its representative must pay the prescribed fee depending on their nature and the number of designs.
In respect of Design, where the applicant is a natural person the fee payable is INR 500. However, where the applicant is other than a natural person the fee payable for a small entity is INR 1000 and for others except small entity is INR 2000.
Similarly, for each additional Design, where there are multiple designs, if the applicant is a natural person the fee payable is INR 200 and if the applicant is other than a natural person the fee payable for a small entity is INR 400 and for others except small entity is INR 800.
Since the assignment of the right to a design is a separate process, the modification is required to be brought to the attention of the Controller. This helps the Design Register to stay updated concerning the title of the design itself and whether a rightful owner of the design is using the same. It helps prevent infringement.
Our team of advanced patent attorneys assists clients with patent searches, drafting patent applications, and patent (intellectual property) agreements, including licensing and non-disclosure agreements.
Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter.
Quoted in and contributed to 50+ national & international publications (Bloomberg, FirstPost, SwissInfo, Outlook Money, Yahoo News, Times of India, Economic Times, Business Standard, Quartz, Global Legal Post, International Bar Association, LawAsia, BioSpectrum Asia, Digital News Asia, e27, Leaders Speak, Entrepreneur India, VCCircle, AutoTech).
Regularly invited to speak at international & national platforms (conferences, TV channels, seminars, corporate trainings, government workshops) on technology, patents, business strategy, legal developments, leadership & management.
Working closely with patent attorneys along with international law firms with significant experience with lawyers in Asia Pacific providing services to clients in US and Europe. Flagship services include international patent and trademark filings, patent services in India and global patent consulting services.
Global Blockchain Lawyers (www.GlobalBlockchainLawyers.com) is a digital platform to discuss legal issues, latest technology and legal developments, and applicable laws in the dynamic field of Digital Currency, Blockchain, Bitcoin, Cryptocurrency and raising capital through the sale of tokens or coins (ICO or Initial Coin Offerings).
Blockchain ecosystem in India is evolving at a rapid pace and a proactive legal approach is required by blockchain lawyers in India to understand the complex nature of applicable laws and regulations.
Read About Patent FIling Guide