§1320. Ownership and transfer

(a) Property Right in Design.-The property right in a design subject to protection under this chapter shall vest in the designer, the legal representatives of a deceased designer or of one under legal incapacity, the employer for whom the designer created the design in the case of a design made within the regular scope of the designer's employment, or a person to whom the rights of the designer or of such employer have been transferred. The person in whom the property right is vested shall be considered the owner of the design.

(b) Transfer of Property Right.-The property right in a registered design, or a design for which an application for registration has been or may be filed, may be assigned, granted, conveyed, or mortgaged by an instrument in writing, signed by the owner, or may be bequeathed by will.

(c) Oath or Acknowledgment of Transfer.-An oath or acknowledgment under section 1312 shall be prima facie evidence of the execution of an assignment, grant, conveyance, or mortgage under subsection (b).

(d) Recordation of Transfer.-An assignment, grant, conveyance, or mortgage under subsection (b) shall be void as against any subsequent purchaser or mortgagee for a valuable consideration, unless it is recorded in the Office of the Administrator within 3 months after its date of execution or before the date of such subsequent purchase or mortgage.

(Added Pub. L. 105–304, title V, §502, Oct. 28, 1998, 112 Stat. 2913 ; amended Pub. L. 106–44, §1(f)(2), Aug. 5, 1999, 113 Stat. 222 .)

Editorial Notes

Amendments

1999-Subsec. (c). Pub. L. 106–44 substituted "Acknowledgment" for "Acknowledgement" in heading.