Registered Designs Act 2000 · 2020 Revised Edition · Part 3 · Rights in Registered Designs
32. Nature of registered design
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A registered design or any right in it is personal property and may be assigned or transmitted in the same way as other personal property.
A registered design or any right in it may be vested by an assent of personal representatives.
A licence may be granted for the use of a registered design and, to the extent that the licence so provides, a sub-licence may be granted under any such licence.
Any such licence or sub-licence —
may be assigned or transmitted in the same way as personal property; and
may be vested by an assent of personal representatives.
Subsections (1) to (4) have effect subject to this Act.
An assignment of a design or a right therein, or an assent relating to a registered design or a right therein, is not effective unless it is in writing and signed by or on behalf of the assignor or (as the case may be) a personal representative.
design
“design” means features of shape, configuration, colours, pattern or ornament applied to any article or non‑physical product that give that article or non‑physical product its appearance, but does not include —(a)a method or principle of construction;(b)features of shape, configuration or colours of an article or a non‑physical product that —(i)are dictated solely by the function that the article or non‑physical product has to perform;(ii)are dependent upon the appearance of another article or non‑physical product of which the article or non‑physical product is intended by the designer to form an integral part; or(iii)enable the article or non‑physical product to be connected to, or placed in, around or against, another article or non‑physical product, so that either article or non‑physical product may perform its function; or(c)features consisting only of one or more colours that —(i)are not used with any feature of shape or configuration; and(ii)do not give rise to any feature of pattern or ornament;
Subsection (6) may be satisfied in a case where the assignor or personal representative is a body corporate by the affixing of its seal.
Subsections (6) and (7) apply to an assignment by way of security as they apply to any other assignment.
A registered design or any right in it may be the subject of a charge in the same way as other personal or movable property.
An assignment of a registered design or any right in it, or an exclusive licence in relation to a registered design, may confer on the assignee or licensee the right of the assignor or licensor to bring proceedings under section 23 or 36.
exclusive licence
“exclusive licence” means a licence from the registered owner of a registered design authorising the licensee, or the licensee and persons authorised by the licensee, to the exclusion of all other persons (including the registered owner), to use the design in the manner authorised by the licence and “exclusive licensee” is to be construed accordingly;