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 Is joint ownership allowed in design applications?

Legal Recognition of Joint Ownership

  • The Designs Act, 2000 allows joint ownership of a design.
  • Two or more persons can file a design application together.
  • All joint applicants are considered co-owners unless stated otherwise.
  • Ownership rights are equal unless a specific agreement dictates otherwise.
  • The application must reflect the names and addresses of all joint owners.

Application Requirements

  • The names of all co-applicants must be included in Form 1.
  • All joint owners must sign the application or provide authorization.
  • Representations, declarations, and statements must be jointly submitted.
  • A joint affidavit may be required to confirm shared authorship or ownership.
  • One applicant may act on behalf of others with proper authority.

Rights and Responsibilities of Co-Owners

  • Each co-owner holds an undivided share in the design.
  • Decisions regarding use, licensing, or enforcement must be mutual.
  • One owner cannot commercially exploit the design alone unless agreed.
  • Profits, royalties, or enforcement costs must be shared.
  • Internal agreements help avoid future disputes between co-owners.

Assignment and Licensing Rules

  • A joint owner can assign their share only with consent from others.
  • The design can be jointly licensed to third parties with shared approval.
  • Licensing terms must clearly define each owner’s rights and roles.
  • Transfer of ownership must be registered with the Design Office.
  • Disagreements may require legal resolution if no prior contract exists.

Managing Joint Ownership Strategically

  • Draft a clear ownership and usage agreement at the time of filing.
  • Define responsibilities for renewal, enforcement, and commercialization.
  • Maintain regular communication among co-owners for updates and decisions.
  • Document all joint actions to protect each party’s interests.
  • Seek legal advice when entering or modifying a joint ownership arrangement.

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