Registered Design Assignment Agreement

Designs form an important part of the intellectual property portfolios of many businesses, particularly those engaged in inventive or creative pursuits. In common with other assets, registered designs can be sold in their entirety (assigned) or licensed, subject to whatever terms and conditions the parties may wish to agree upon. Under Section 15B(3) of the Registered Designs Act 1949, if a registered design is assigned, the assignment must be done in writing and must be signed by, or on behalf of the assignor.

This Registered Design Assignment provides for the transfer of registered design ownership. The terms of this assignment allow for a single design or multiple designs.

When assigning a registered design, certain formalities in addition to the agreement itself must be observed. As soon as is reasonably possible after the assignment of the registered design is complete, a Form DF12A must be completed and submitted to the Intellectual Property Office along with evidence of the transaction (this assignment agreement, for example). Form DF12A and all other designs forms are available from the Intellectual Property Office website.

A number of undertakings on the part of the assignor are provided for in this document, including the obligation to assist the assignee in practical and legal matters relating to the assigned designs. Warranties are also provided, ensuring the validity of the assignment and providing reassurance for the assignee.

The registered designs are referenced in the template and must be defined in a schedule. Great care should be taken when completing the schedule. Full and complete details of the design(s) to be assigned should be included to the extent that it should be possible to obtain all information necessary concerning the design(s) relevant to the assignment from the schedule alone without further reference to additional documents.

Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.

This Registered Design Assignment contains the following clauses:

1. Definitions and Interpretation
2. Assignment
3. Fee and Payment
4. Proceedings
5. Further Assistance
6. Assignor’s Warranties
7. Assignee’s Warranties
8. Indemnity
9. Assignment of Agreement
10. Notices
11. Force Majeure
12. No Waiver
13. Severance
14. Law and Jurisdiction

And the following schedule:

1. The Design(s)

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