Industrial Design Office Practices (Page 15 of 17)
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15 Assignments and other agreements
15.1 Recordal
Assignments and licences
Assignments and licences will be recorded in the Industrial Design Office upon receipt of an affidavit or a copy of the document effecting the assignment or licence and the prescribed fee (Item 4 of the Tariff of Fees).
The Office will check the chain of title to ascertain that the assignor is the current owner of record. The Office will contact the client if the documentation is unclear in this regard; further documentation or clarification may be required.
The Office will record an assignment or licence against only the design(s) that have been identified in the assignment document. If there are not enough fees to cover all the designs identified, the Office will request the additional fees before doing the recordal.
Other recordals (e.g., changes of name, mergers, security agreements)
These recordals affecting a pending or registered industrial design will be done by the Industrial Design Office upon receipt of a request and a copy of a document effecting the change of name or other recordal. No fee is required for these types of recordals. The Office will review the document(s) only to check the chain of title. The Office will contact the client if the documentation is unclear in this regard.
15.2 Notice of omission
Assignments and licences
Where a request to record an assignment affects a registered or pending design and does not meet the requirements of section 19 of the Industrial Design Regulations, the Industrial Design Office will send out a Notice of Omission setting out the outstanding requirements.
Affecting a registered design: If a response is not received within the specified period for reply in the notice, the recordal will not be done. No documents will be returned and a refund will be issued for any fees that were paid in accordance with item 4 of the Tariff of Fees, schedule 2 of the Regulations.
Affecting a pending design: If a response is not received within the specified period for reply in the notice, the recordal will be made in the name currently on record. No documents will be returned and a refund will be issued for any fees that were paid in accordance with the above-mentioned item 4 of the Tariff of Fees.
After expiry of the specified period for reply to the Notice of Omission, any applicant still wishing to record the assignment or licence (for either a pending or registered design) must send a new request.
Other recordals (e.g., changes of name, mergers, security agreements)
Where the documentation accompanying the request is unclear as to the chain of title, the Industrial Design Office will send out a Notice of Omission requesting clarification and/or further documents.
Affecting a registered or pending design: If a response is not received within the specified period for reply in the notice, the recordal will not be done. No documents will be returned.
After expiry of the specified period for reply to the Notice of Omission, any applicant still wishing the recordal (for either a pending or registered design) must send a new request.
