This article provides insight into the registration process of a Document in the Register Design; under Section 30(3) of the Design Act, 2000.
In design registration since the design is registered as a Copyright; the same can be protected under the Copyright Act, 1957 or the Design Act, 2000, but not under both. Simultaneously, the registered proprietor of a copyrighted design has the right to assign their rights by way of assignment; under Section 30 of the Design Act and Rules 32 to 35 of the Design Rules, 2001. Such third-party rights are only applicable; as long as the assignment is executed in compliance with the Act and the Rules.
Assignment agreements supervise the change of rights from one entity to another. Any assignment that governs an Intellectual Property formalizes the purchase and sale of intellectual property rights (IPR) between two entities.
Such an assignment can contain the comprehensive terms and conditions of the sale of the copyright. The same shall surrender the complete control of the IPR to the assignee to utilize; in any way, shape, or form it finds necessary as permissible in the agreement.
Once a design is registered, and a subsequent assignment takes place concerning the rights conferred to the registered proprietor; the latter can make an application for it under Rule 33.
When an entity is entitled to the copyright of a registered design by way of assignment, transmission; or any other operation of law; they can inform the Controller of the same by submitting the document through Form 10.
The Controller on receiving such application shall examine the same along with the proof of title to the copyright. Once satisfied with the ownership, the Controller alone has the right to make changes to the application; and make the same entry in the register of designs.
This form is only submitted to submit the assignment, transmission; or other instruments that affect the title of the copyright granted for a design. Herein, an assignment or a design or a share thereof, in a design, a mortgage, license; or the creation of any other interest in a design is not valid unless submitted in writing (agreement).
The agreement must expressly state the terms and conditions that govern the rights and responsibilities of the person; to whom the right is assigned too and also describe the rights that are being assigned.
The assignment, transmission, or any other instrument showing a modification in the title of the registration must be notified to the Controller within 6 months from the execution of the instrument.
Once, this modification is approved by the Controller and the same is entered into the register for design; the person to whom the rights are assigned too can exercise the same freely. Given that any equities concerning the design are enforced according to the requirements of the movable property.
Under Form 10 wherein the proprietor wishes to notify the Controller of the assignment, transmission or any other instrument under the operation of law; of a registered design, they must pay the prescribed fee depending on their nature of business and the design itself.
Wherein the application is for one design, if the applicant is a natural person, the fee payable is INR 500. If the applicant is other than a natural person the fee payable for a small entity is INR 1000; and for others except a small entity is INR 2000.
However, wherein the application is made in respect for more than one design, for each additional design; 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; and for others except a small entity is INR 800.
The Design Act and the Copyright Act not only safeguard the right of the original owner of the copyrighted design; but similarly deal with the assignment of rights to subsequent proprietors. Such an assignment assists two entities to transmit the IPR for a copyrighted design for the development of a commodity and also for its commercial purposes.
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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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