Design Assignment in Malta

A registered design (Industrial Design) is transmissible by assignment, testmentary disposition or operation of law in the same way as other personal or moveable property.

Requirements

Filing requirements for an assignment of a design (or design application) in Malta:

1. The Power of Attorney
2. The Deed of Assignment

Power of Attorney (POA)

Our Power of Attorney has to be signed by the assignor.
There is no need of a POA from the assignee unless he requires changes after the assignment is effected.

• A notarisation of the POA is required;
• The original POA is required before the design assignment will be filed with the Malta IPO;

Deed of Assignment

The Deed of Assignment has to be provided in English and in written form and shall be signed by the parties to the contract.
The Deed of Assignment has to contain the particulars of the assignor, the particulars of the assignee and has to indicate the number of the design concerned (design number which was issued by the Malta IPO on the "Certificate of Registration").
It also has to indicate a date, which could be the signing date of the document.

A further requirement relating to the assignment document is one of the following:

• The notarisation of the document (signatures) or
• The legalization by a diplomatic or consular representative of Malta or
• The Apostille according to the Hague Convention

An assignment of a registered design is not effective unless it is in writing signed by or on behalf of the assignor or his personal representative.

Partial & Limited Assignment

An assignment of a registered design may be partial and limited so as to apply in relation to the use of the design in a particular manner or a particular locality.