IPA design assignments-and-other-interests--overview — IP Australia Designs Examiners' Manual – 24.1. Assignments and other interests: overview

Key legislation in this topic: Designs Act: s 10 , 114 ; Designs Regulations: reg 9.03 Key related topics: Amendments Design rights are personal property. Once someone becomes the registered owner of a design, they have the right to deal with the design as its absolute owner. This includes the right to license the design or to assign it to someone else ( s 10 (2) ). Assignment is where the designer or other registered owner of the design assigns (sells or gives) all or part of their ownership of the design to someone else. Ownership of a design right can also change by devolution. Devolution is where ownership transfers by will (bequest) or by law (such as a court order). A design can only be assigned or devolved to someone who is entitled to own a design . The basis for dealing with changes of ownership is s 114 of the Designs Act.