2.5. Application for registration: Who is entitled to be the registered owner?

There are 5 ways an applicant can be ‘entitled’ to be the registered owner of a design (s 13):

1. The applicant is the designer of the design.
2. The design was created under a contract between the designer and the owner.
3. The designer made the design while employed by the owner.
4. The designer or previous owner has transferred ownership to the applicant by assignment, by devolution by will or by operation of law.
5. The owner is the legal personal representative of a deceased person who was the previous owner.​​​​​​​

Applicant is the designer of the design

Unless otherwise stated, the designer of the design is the owner.

Design was created under a contract

If an employee creates a design for another person under an agreement, the other person is entitled to apply as the owner of the design.

Designer made the design while employed

When a person makes a design as part of their employment, the employer is the owner of the design unless there is an agreement to the contrary.

Assignment, devolution or operation of law

The designer or owner of a design can assign (sell) all or part of their interest in the design. This assignment has to be in writing and signed by both the assignor and the assignee, or on their behalf. See Assignments and other interests for more information.

Legal personal representative of a deceased person

An applicant is entitled to be the registered owner if they are the legal personal representative of a deceased person who was the owner. There would normally be documents which indicate this.