Entry 16

I am on the urge of finding a place for legal internship for next year, and I was thinking what if I work for someone? In example, what if I work for CIMB, my completed works will be owned by CIMB or me? So I searched about ownership changes and rights transfers. I found out that the original owner of a design may assign its rights, including the right to apply for registration, to any other party. The assignment must be in writing. If an application has been filed or the design has been registered, an application to record the change of ownership should be made to MyIPO.

Apart from an assignment, ownership changes by way of transmission or other operation of law and security interest transactions may be recorded. For a registered design, the application should be made within six months of the transaction date. Otherwise, the court may refuse to award costs to the new owner in an infringement action. A certified copy of the transaction document must be submitted for the purposes of recordal. If the transaction is effected by an instrument chargeable with duty, the registrar must be satisfied that the instrument has been duly stamped.

An entry in the register will be made on approval of the application. A change of ownership shall have no effect against third parties unless recorded in the register. There are no provisions for recordal of licences.

Source:https://www.worldtrademarkreview.com/portfolio-management/protecting-and-enforcing-design-rights-malaysia-0