A recent posting on the Solo IP blog, subsequently reported by IPKat, raised several questions about the valid execution of IP assignments (and specifically trade mark assignments) as deeds.
IP Draughts would like to offer some thoughts on the points raised. As he understands the position under UK laws:
- Methods of transfer of ownership of IP. The main method of transfer of ownership of IP is by an assignment. There are a couple of other methods, mainly automatic transfer to a dead person’s executors, and subequent transfer to a beneficiary in a will or on intestacy. See eg section 24(1) of the Trade Marks Act 1994, and section 30(2) and (3) of the Patents Act 1977.
- Formalities for assignment. Assignments of UK intellectual property must be in writing, and executed by the assignor. See eg section 24(3) of TMA 1994. Unlike the position under some…
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