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IPA design adding-a-new-designer
IPA design adding-a-new-designer — IP Australia Designs Examiners' Manual – 22.6.3. Other types of amendments: Adding a new designer
Beta. Legal information, not legal advice. LEGALDIGM is not a law firm. Check the official source for the current text.
After registration, the owner may wish to identify further designers. This usually happens where the owner is a large company and has difficulty in properly identifying all designers, particularly if the design is the result of a major team project.
Where the added designers are employees of the owner, concerns would not normally be raised by the addition of extra designers (s 93 (3)(c)). The company that owns the design and employs the added designers is the assignee, and on this basis there is no need to change the name of the registered owner is needed.
However, if there is a request to add the name of an extra designer as an extra owner, s 93(3)(c) applies. In this situation, the owner may submit that it did not know the extra creator/owner existed before the completion of a ‘due diligence’ investigation. This type of error is not a relevant clerical error that would justify changing the Register to include the extra owner. See Adding a new registered owner .
If the person requesting the change is not the registered owner, we will treat the request with caution and only act on it after informing the registered owner (reg 9.05 (3)).
