Is there a requirement to register an assignment of any of these intellectual property rights and, if so, what is the consequence of failing to register?

Intellectual Property

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Generally, the legal owner of the intellectual property rights in question will have the right to licence them to a third party. In this regard, the licence must be in writing, and must be signed by or on behalf of the grantor. Otherwise, the licence is not effective. Every person shall be deemed to have notice of a licence if the prescribed particulars of the grant of the licence are entered in the relevant register of patents, trade marks, registered designs, and plant varieties.

Registered designs/patents/trade marks – Until an application has been made for registration of the assignment, the assignment is ineffective as against a person acquiring a conflicting interest in the rights in ignorance of it.

Plant varieties – No requirement.

Updated: May 23, 2017