The right to file a design belongs to its creator. However, if the design was created by an employee or worker in the course of his employment, it is his employer who has the right to file the design produced within his business. The employer is considered as the creator.

If a design was created to order, the person who made the order will also be authorised to file the design, provided that the order was made with a view to the commercial or industrial use of the product that includes the design.

The parties to the employment contract or commission contract can prevent the employer or commissioning party being considered as the holder of the right to file the design by including measures to the contrary in their contract.

The creator may also transfer his right to file to a third party, for example, a company that will market the products in question - it will usually take place for a fixed-rate fee or a share of the profits of the sale.

The holder of a registered design is the party who carried out the registration and is appointed as such within it.

Last update
23 September 2022