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Transferring a registered design as part of a sale, licence, or restructure needs to be properly documented and recorded with INAPI. Our team at Brealant prepares the assignment and manages the recordal.
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Legal Definition of Design Assignment
Assignment, under Ley N° 19.039, is the legal transfer of ownership of a registered design or pending design application from one party to another.
Purpose and Function of Recordal
Recordal updates the INAPI Diseños Register to reflect the new owner, supporting their ability to enforce and deal with the design going forward.
Protecting the Transaction
Properly documenting and recording the assignment protects both parties and makes the transfer enforceable against third parties.
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Contact
Tell Brealant about the design(s) and the nature of the transfer.
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Search
We confirm the current registration details and ownership status on the INAPI Diseños Register.
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Quote
Receive a fixed-fee quote based on the number of designs involved.
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Pay
Proceed with secure payment for the assignment service.
File
Brealant prepares the deed and files the recordal request with INAPI.
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Wait
INAPI processes the recordal and updates the register.
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Response
You receive confirmation once ownership is updated on the register.
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In Chile, an assignment is only as strong as its documentation and recordal. A signed deed of assignment, followed by a recordal request to INAPI, is the clearest way to make sure the change of ownership is properly reflected and enforceable — particularly important given a design's fixed, non-renewable term.
An unrecorded transfer can create uncertainty about who owns the design and complicate enforcement or licensing during the design's fixed 10-year window. Brealant keeps the register accurate and supports the new owner's position throughout the remaining term.
Recordal is important, but it has limits
Doesn't Validate a Bad Deal
Recordal reflects the transfer; it doesn't cure defects in the underlying commercial agreement.
Doesn't Extend the Term
A design's fixed 10-year term runs from the original filing date regardless of any assignment — transfer doesn't reset or extend it.
Doesn't Change the Design
You can't use an assignment to alter the registered representations.
Doesn't Cure Novelty Issues
If the underlying registration is later challenged on novelty grounds, recordal of ownership doesn't affect that assessment.
Doesn't Resolve Disputes
If ownership itself is disputed, recordal won't resolve the underlying dispute.
Brealant flags any of these issues during the assignment process so nothing is missed.
A properly recorded assignment protects
The New Owner's Rights
Clear, documented legal ownership recognised by INAPI.
Enforcement Ability
The new owner's standing to take infringement action based on the design.
Deal Certainty
The commercial transaction — sale, restructure, or licence — that the transfer is based on.
Future Dealings
The ability to further assign, license, or use the design without ownership disputes.
Brealant makes sure every assignment is properly documented so these protections are secured.
The assignment process typically follows these stages
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Instruction
You confirm the designs, parties, and transaction details with Brealant.
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Drafting
We prepare or review the deed of assignment.
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Execution
The assignor and assignee sign the documentation.
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Recordal
We file the recordal request, and INAPI updates the register.
Once signed documentation is filed, INAPI typically records the change of ownership within a few weeks.
Assignment costs are modest relative to the transaction they support
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INAPI charges a modest official fee per design to record an assignment.
Brealant's professional fee covers preparing the deed and the recordal, quoted as a fixed amount.
Brealant flags any of these issues during the assignment process so nothing is missed.
Once the assignment is recorded, Brealant can take over expiry tracking and enforcement support for the new owner, so the transition is seamless for whatever remains of the design's fixed term.
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It isn't required for the transfer to be valid between the parties, but it's important for the new owner's rights to be recognised and protected against third parties.
Yes, both pending applications and registered designs can be assigned.
INAPI requires documentary evidence of the transfer, such as a signed deed of assignment.
No — the 10-year, non-renewable term runs from the original filing date regardless of any change in ownership.
Once signed documentation is filed, INAPI typically records the change of ownership within a few weeks.
The registered owner, or their authorised representative, can execute and record an assignment; Brealant confirms current ownership on the register before proceeding.
There's an official INAPI filing fee per design or application, plus Brealant's professional fee for preparing and filing the recordal — we quote both upfront.
Assignment transfers full ownership to a new party, while a licence lets someone else use the design while you retain ownership — both can be recorded with INAPI.
Yes, there's no restriction on the nationality or location of the new owner, though Brealant confirms the assignee's local representation is in order for future filings.
Full ownership assignment is the standard route; splitting rights by market segment is unusual and typically handled through a licence agreement instead, which we can help structure.
Discover more insights and stay informed about the latest in intellectual property with Brealant's blog. From expert advice on trademark registration and patent protection to strategies for safeguarding your brand in a competitive market, our resources are here to empower your business. .
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