Design Assignment Deed — Draft Template

DEED OF ASSIGNMENT OF DESIGN

(Under Section 30 of the Designs Act, 2000 & Rule 34 of the Designs Rules, 2001)

THIS DEED OF ASSIGNMENT is executed at [City] on this [Day] day of [Month, Year].

BETWEEN [Name of Assignor], [S/o/D/o ___ / a company incorporated under the Companies Act, 2013, CIN ___], of [Full Address] (the "ASSIGNOR", the registered proprietor of the design) of the ONE PART;

AND [Name of Assignee], [S/o/D/o ___ / a company, CIN ___], of [Full Address] (the "ASSIGNEE") of the OTHER PART.

WHEREAS:

(a) The Assignor is the registered proprietor of the design registered under the Designs Act, 2000 vide Design Registration No. [______] dated [Date], in Class [__] (Locarno), in respect of the article "[Name of Article]" (the "Design"), as more particularly described in the Schedule.

(b) The Assignee is desirous of acquiring the said Design together with all rights therein, and the Assignor has agreed to assign the same for consideration.

NOW THIS DEED WITNESSETH as follows:

1. Assignment. In consideration of ₹[Amount] (Rupees [words] only), the receipt whereof the Assignor acknowledges, the Assignor hereby absolutely ASSIGNS and TRANSFERS unto the Assignee the said Design together with the copyright in the design under Section 11 and all rights, title and interest therein, including the exclusive right to apply the Design to the article and to the goodwill attaching thereto.

2. Registration No. & Article. The Design assigned is Registration No. [______], Class [__], in respect of [Article], for the [remaining] term under Section 11 of the Act.

3. Territory. This assignment is effective throughout India (a design registration under the Act extends to the whole of India).

4. Rights Assigned. The Assignee shall have the sole right to make, import, sell and deal in articles to which the Design is applied, and to sue for and recover damages for infringement/piracy (Sections 22) accruing after the date hereof [and, where agreed, before it].

5. Recordal. The Assignor shall, at the Assignee's cost, join in and sign all applications and do all acts required to record this assignment in the register of designs under Section 30, by application to the Controller in Form 10 (with Form 11 where applicable) within six months of execution (extendable).

6. Warranties. The Assignor warrants that it is the sole registered proprietor, the registration is valid and subsisting, all renewal fees are paid, and the Design is free from any prior assignment, licence, mortgage or encumbrance.

7. Further Assurance. The Assignor shall execute such further documents as may be necessary to vest full title in the Assignee.

8. Governing Law & Jurisdiction. Governed by Indian law; the High Court / Commercial Court at [City] shall have jurisdiction, subject to Section 30 recordal before the Controller of Designs, Patent Office (Kolkata).

SCHEDULE — Particulars of the Design

Registration No.: [____]  |  Date of Registration: [Date]  |  Locarno Class: [__]  |  Article: [Name of Article]  |  Novelty resides in: [shape / configuration / pattern / ornament / composition of lines & colours] as applied to the article, as illustrated in the registered representation.

IN WITNESS WHEREOF the parties have set their hands to this Deed on the date first above written.

Witnesses: 1. ______________    2. ______________