Article 28 - Transfer of the registered EU design
Print this page1. An assignment of a registered EU design shall be made in writing and shall be signed by the parties to the contract, except when it is the result of a judgment. An assignment of a registered EU design that does not comply with the requirements set out in the first subparagraph shall be void.
2. At the request of one of the parties, a transfer of a registered EU design shall be entered in the Register and published.
3. An application for registration of a transfer in the Register shall contain information identifying the registered EU design, the new holder and, where applicable, the representative of the new holder. It shall also contain documents duly establishing the transfer in accordance with paragraph 1.
4. Where the conditions for the registration of a transfer, as laid down in paragraph 1 of this Article or in the implementing acts referred to in Article 28a, are not fulfilled, the Office shall notify the applicant of the deficiencies. If the deficiencies are not remedied within the time limit specified by the Office, it shall reject the application for registration of the transfer.
5. A single application for registration of a transfer may be submitted for two or more registered EU designs, provided that the registered holder and the successor in title are the same for all those registered EU designs.
6. As long as the transfer has not been entered in the Register, the successor in title may not invoke the rights arising from the registration of the registered EU design.
7. Where there are time limits to be observed in dealings with the Office, the successor in title may make the corresponding statements to the Office once the application for registration of the transfer has been received by the Office.
8. All documents which require notification to the holder of the registered EU design in accordance with Article 66 shall be addressed to the person registered as holder in the Register.