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Design Rights Transfers from A to Z

A transfer of a registered design right must be recorded to take effect. This guide explains the procedure, required documents and costs.

DesignsIPLEX5 min read
A transfer of a registered design right must be recorded to take effect. This guide explains the procedure, required documents and costs. 
What is an assignment of a design right?
A design right is an intangible asset that can be assigned. Assignment registration records the transfer of ownership or an ownership share, using the required application and supporting documents.
An agreement and payment alone do not complete an ordinary assignment of a Korean registered design right. The transfer must be registered with the IP office.
Obtain an extract from the design register to confirm the current status of the right before proceeding. 
<Types of Assignment>
Assignments may cover the entire right, all of one co-owner's share, part of the right or part of a co-owner's share. Consent requirements depend on the transaction.
Category
Content
Assignment of the entire right
When all rights are transferred
A → B
Design assignor: A
Design assignee: B
A·B → C
Design assignors: A and B
Design assignee: C
A → B · C
Design assignor: A
Design assignees: B and C
Assignment of a co-owner's entire share
When all of the shares held by some of the multiple holders are transferred
(One or more co-owners change)
A·B → A·C
[A's consent is required]
Design assignor: B
Design assignee: C
A·B → A
[Agreement not required]
Design assignor: B
Design assignee: A
Partial assignment
When some of the rights are transferred
A → A·B
Design assignor: A
Design assignee: B
A · B → A · B ·C
Assignment of part of the jointly held right, rather than only A's or B's individual share
Design assignors: A and B
Design assignee: C
Assignment of part of an ownership share
When transferring part of the shares held by some of the multiple rights holders
A · B → A · B ·C
1) If part of A's ownership share
is assigned 
[B's agreement is required]
Design assignor: A
Design assignee: C
2) If part of B's ownership share is assigned
is assigned 
[A's consent is required]
Design assignor: B
Design assignee: C
Separate assignment
Individual designs in a multiple-design registration may be transferred separately.
  1. This form of divided transfer applies to multiple-design applications filed on or before June 30, 2014.
  2. For multiple-design applications filed from July 1, 2014, each design has its own registration number and is transferred through an ordinary assignment registration.
A → B
Design assignor: A
Design assignee: B
Design assignment procedure and required documents
1. Procedures
  1. Verify the assignor's right: ownership, legal status and maintenance-fee payments
  2. Review the agreement: assignment terms, price and required documents
  3. Prepare the assignment registration application and supporting certificates
  4. Submit the application form and pay the cost
2. Points to check before a design assignment
Category
Content
Example
1. Confirm the current owner
Check the registered owner's identity using the official design register.
Illustration: Design Rights Transfers from A to ZDesign Registration Example (Final Rights Verification)
2. Current status of applicable rights
If the annual fee is not paid, the rights may be forfeited, so the current status of the design right must be checked in advance.
The assignor should inform the assignee of the remaining term and maintenance-fee deadlines. The assignee should verify these details to avoid unintended lapse.
Illustration: Design Rights Transfers from A to ZExample of a design register: checking entries recording extinguishment of rights
3. Other encumbrances and issues
Check for pending disputes and existing licenses before proceeding.
Illustration: Design Rights Transfers from A to Z
3. Points to check before transferring design rights
Item
Content
Example
Application for assignment registration
  1. Identify the assignor and assignee accurately. 
  2. When a representative handles a transfer, the representative prepares the transfer-registration application. The client must submit authorization documents, such as a power of attorney, or complete the representative-appointment procedure using the applicable digital certificate. 
Illustration: Design Rights Transfers from A to ZPower of attorney example
Documents proving the assignment
  1. Names, addresses and IP customer numbers of the parties (required)
  2. The assignor's registered seal must be affixed.
  3. The assignee may affix a seal or sign; this is not mandatory.
  4. Transfer price (not mandatory, but the price may affect stamp duty)
  5. An agreement may serve as evidence if it includes all required particulars.
  6. A full contract format is not essential if the document contains all required assignment particulars.
Illustration: Design Rights Transfers from A to ZDesign assignment agreement
Illustration: Design Rights Transfers from A to ZExample of a design deed of assignment
Assignor's seal certificate
  1. Same seal certificate as the seal stamped on the contract (*Note: Issued within 6 months)
  2. The IP office requires this document to verify the assignor's genuine intention to transfer the right.
Consent
  1. Submit consent where required from a co-owner or other third party.
  2. The consenting party's statement bearing the registered seal, together with a seal certificate issued within six months before filing
Illustration: Design Rights Transfers from A to ZSee also
Costs of assigning a design right
Design assignment costs include professional fees and official registration fees.
In the case of agent fees, the cost varies by office. IPLEX IP Law Firm is more reasonable and transparent than other Patent Act law firms.
Official fees apply to each right. Stamp duty depends on the taxable instrument and the amount stated in it. When several rights are assigned together, check how the documents and applications affect the fees. See the illustration below for details.
Illustration: Design Rights Transfers from A to Z
IPLEX IP Law Firm
Illustration: Design Rights Transfers from A to Z
Illustration: Design Rights Transfers from A to Z
Illustration: Design Rights Transfers from A to Z
A design assignment can create commercial value, but incomplete documents or registration errors can add time and cost. IPLEX assists with the transfer process and its requirements.

Read the Korean source

This article reflects the information available when it was published. Contact us to discuss your circumstances.
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