Designs Act 2003

A person mentioned in any of the following paragraphs is entitled to be entered on the Register as the registered owner of a design that has not yet been registered:

the person who created the design (the designer);

if the designer created the design in the course of employment, or under a contract, with another person—the other person, unless the designer and the other person have agreed to the contrary;

a person who derives title to the design from a person mentioned in paragraph (a) or (b), or by devolution by will or by operation of law;

a person who would, on registration of the design, be entitled to have the exclusive rights in the design assigned to the person;

the legal personal representative of a deceased person mentioned in paragraph (a), (b), (c) or (d).

Despite subsection (1), a person is not entitled to be entered on the Register as the registered owner of a design that has not yet been registered if:

the person has assigned all of the person’s rights in the design to another person; or

the person’s rights in the design have devolved on another person by operation of law.

To avoid doubt:

more than one person may be entitled to be entered on the Register as the registered owner of a design; and

unless the contrary intention appears, a reference to the registered owner of a registered design in this Act is a reference to each of the registered owners of the design.

No person other than a person mentioned in paragraph (1)(a), (b), (c), (d) or (e) is entitled to be entered on the Register as the registered owner of a design that has not yet been registered.