Legal Basis for Transfer

• The Designs Act, 2000 allows the transfer or assignment of design rights.
  
• Assignments must be in writing and signed by the assignor and assignee.
  
• The transfer can be full or partial, depending on the agreement.
  
• The rights can be transferred by sale, license, mortgage, or bequest.
  
• Legal recognition is granted only after registration with the Controller.
  

Types of Assignments

• Absolute Assignment: Complete transfer of ownership rights.
  
• Partial Assignment: Transfer limited to certain uses or territories.
  
• Exclusive License: Only the licensee can use the design under the agreed terms.
  
• Non-exclusive License: Multiple licensees can use the design.
  
• Compulsory License: Granted by the government under special conditions.
  

Required Documents

• Duly signed Assignment Deed between the assignor and assignee.
  
• Application Form 10 for registering the transfer.
  
• Affidavit verifying the execution of the assignment.
  
• Proof of identity of both parties.
  
• Power of attorney if filed through a legal representative.
  

Procedure for Registration

• Draft and sign the assignment agreement.
  
• Submit Form 10 along with the necessary documents to the Design Office.
  
• Pay the prescribed government fees.
  
• Await examination and confirmation from the Controller.
  
• On approval, the assignment is recorded in the Register of Designs.
  

Post-Registration Effects

• The assignee becomes the lawful proprietor of the design rights.
  
• The assignment date is treated as the effective date of transfer.
  
• The assignee gains the right to sue for infringement.
  
• The new owner’s details are published in the Design Journal.
  
• Any future renewals or changes must be done by the new proprietor.