Registered owners can distribute their rights with other entities, such owners would need to inform the Controller at the design office of such transfer.
A design owner is not restricted to limit the rights to the design only to themselves. They have the freedom to distribute these rights among entities; that help them grow their business through their design. The only mandatory step here is to inform the Controller at the design office of such transfer. A petition for entry of subsequent ownership illustrated under sub-section (1) or (2) of section 30. Accordingly, it must be brought in to the Controller; through Form 11 or 12 or 13 as the case may be, depending on the instrument.
Since, Form 11 and Form 12 are limited to applications allowing individuals to record [license, mortgage, or assignment] agreements; Form 13 gives the applicant the right to submit; any additional document to the Controller to be recorded in the Register of Designs.
In such application the petition is for entry in the Register of Design of notification of any document; that has not previously been provided. However, such document must be made to influence the proprietorship of a registered design; and must be submitted with an attested copy of the document.
The validity of this copy must first be determined by the Controller. Additionally, the primary or certified true copy of the document must at the same time be provided; and left at the Office if instructed for additional verification.
To proceed an application for entry of notification of document in the register of designs under section 30 [Form 13]; 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. 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. If the applicant is other than a natural person the fee payable for a small entity is INR 400. For others, except small entity is INR 800.
Form 13 was introduced with the sole purpose of allowing the registered owner of a Design to notify the Controller; of any modification made to the right of a Design after its registration. This form does not indicate any specific instruments such as assignment, license, or mortgage; so that the same is determined based on the consensus of the affected parties.
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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.
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