Original Proprietor

• The person who creates the design is considered the original proprietor.
  
• The creator must be the first to apply for design registration.
  
• If multiple persons create the design jointly, all are considered co-owners.
  
• The original proprietor holds all rights unless assigned or transferred.
  
• The applicant must prove authorship and originality if challenged.
  

Legal Assignees

• A person to whom the design rights are legally assigned is considered the owner.
  
• Assignment can occur before or after filing the design application.
  
• The assignment must be in writing and duly executed by both parties.
  
• The assignee must record the assignment with the Controller of Designs.
  
• Once recorded, the assignee becomes the registered proprietor.
  

Employer Ownership

• If the design is created during the course of employment, the employer is the owner.
  
• The employer must show that the design was created under a contract of service.
  
• This applies even if the employee is the actual designer.
  
• The company or business entity becomes the legal proprietor in such cases.
  
• Ownership depends on employment terms and design scope.
  

Transferees and Successors

• Legal heirs or successors can inherit ownership of a registered design.
  
• Ownership may also pass through corporate mergers or acquisitions.
  
• The change must be recorded in the Register of Designs to take effect.
  
• Proper documentation is required to validate the new ownership.
  
• The transferee receives all legal rights and obligations of the design.
  

Registration and Public Record

• The name of the registered proprietor is recorded in the Register of Designs.
  
• It is published in the Designs Journal upon registration.
  
• Only the registered proprietor has the right to enforce the design.
  
• Changes in ownership must be promptly recorded to retain rights.
  
• The Design Office recognizes only the registered owner as the legal holder.