An assignment is used whenever one party wants to sell some or all of the intellectual property rights in a design to another party. An assignment is used to confirm a transfer of ownership og the intellectual property rights assigned, leaving the original owner with no further rights. If the IP in question has previously been paid for the rights are sold for £1 to ensure that the assignment is legal. Where they are being sold for a price the value should be inserted. Careful thought should be given to the value of the intellectual property rights in a design whenever the rights are being sold for their full value in an ‘arm’s length transaction’ (such as on the sale of a business), rather than for a nominal amount as in these agreements. Assignments can also be used to transfer some of the intellectual property rights in a design only, as well as to grant rights in relation to certain activities (such as manufacturing only) or for certain products (e.g. to use a copyright work for clothing designs only).

This Assignment of Registered Design Rights agreement specifically deals with the assignment of a Registered Design. is drafted to ensure that the assignment of the Registered Design is executed in the correct manner. However, it does contain a general assignment of all other IP rights as well as a ‘catch all’. It also does not mention the ‘designer’ but just a general assignee/assignor relationship.

Examples of where you might use an Assignment of Registered Design Rights:

• When you own a design that you have registered with the UKIPO and/or EUIPO or you have made an application for a registered design and you want to transfer the ownership.
• To agree a second party’s taking over ownership and control of the design or to whom you have sold the design.
• To ensure that the new owner of the design has all the benefits of the registered rights.

How to use an Assignment of Registered Design Rights:

This Agreement is a standard form precedent so you will need to insert your details.

Ensure you have used all clauses required, and deleted those that aren’t.

The assignment states £1. Obtain legal advice if updating to an agreed fee.

The agreement should be signed and returned to you before you proceed with the arrangement.

Tip: Save the document to the ACID IP Databank for that all-important audit trail!

Remember: This is a generic legal agreement and therefore some parts may not be appropriate for your specific circumstances. We strongly advise you check the final draft with your solicitor or ACID Legal Affiliate to ensure that the document suits your particular circumstances.

No liability is accepted by ACID or any ACID Accredited Law Firm.