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Transferring a registered design as part of a sale, licence, or restructure needs to be properly documented and recorded with INDECOPI. Our team at Brealant prepares the assignment and manages the recordal.
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Legal Definition of Design Assignment
Assignment, under Decision 486, is the legal transfer of ownership of a registered design or design application from one party to another.
Purpose and Function of Recordal
Recordal updates the INDECOPI register to reflect the new owner, which is important for the new owner to enforce, license, or further deal with the design.
Protecting the Transaction
Properly documenting and recording the assignment protects both parties and makes the ownership change 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 INDECOPI's 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 documentation and files the recordal request with INDECOPI.
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Wait
INDECOPI 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 Peru, an assignment is only as strong as its documentation and recordal. Properly executed transfer documentation, followed by a recordal request to INDECOPI, is the clearest way to make sure the change of ownership is properly reflected and enforceable.
An unrecorded transfer can create uncertainty about who owns the design and complicate enforcement or licensing, particularly within a fixed 10-year, non-renewable term where every year of protection matters. Brealant keeps the register accurate and supports the new owner's position.
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
Assignment has no effect on the design's fixed 10-year term, which runs from the original filing date regardless of any later change of ownership.
Doesn't Change the Design
You can't use an assignment to alter the registered representations.
Retrospective Effect Is Limited
Recordal protects the new owner going forward; earlier unrecorded dealings may need separate legal advice.
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 INDECOPI.
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 assignment documentation.
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Execution
The assignor and assignee sign the documentation.
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Recordal
We file the recordal request, and INDECOPI updates the register.
Once properly executed documentation is filed, INDECOPI typically records the change of ownership within a few weeks to a couple of months.
Assignment costs are modest relative to the transaction they support
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INDECOPI charges a modest official fee per design, in Peruvian soles (S/), to record an assignment.
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Brealant's professional fee covers preparing the documentation and managing the recordal, quoted as a fixed amount based on the number of designs.
Brealant flags any of these issues during the assignment process so nothing is missed.
Once the assignment is recorded, Brealant can take over ongoing monitoring and enforcement for the new owner, and help plan for any refreshed filing needed once the design's fixed 10-year term runs its course.
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It isn't required for the transfer to be valid between the parties, but recording it is important for the new owner to be recognised and to protect their position against third parties.
Yes, both pending applications and registered designs can be assigned.
INDECOPI requires documentary evidence of the transfer, such as a signed assignment agreement.
Yes, we regularly coordinate Peruvian recordals alongside assignments of corresponding designs in other jurisdictions.
No — assignment has no effect on the design's fixed 10-year term, which runs from the original filing date regardless of ownership changes.
Yes, and in that case the merger documentation together with proof of the corporate change is generally used to support the recordal, similar to a standalone assignment.
There's no strict statutory deadline, but prompt recording is recommended since an unrecorded assignment may not bind third parties who rely on INDECOPI's register.
There's an official INDECOPI fee per design recorded, plus our professional fee for preparing the recordal — we quote both before starting.
If the design was created under an employment or commission agreement that already vests rights in the employer, a separate consent generally isn't needed for the employer's own assignment.
No, the assignment transfers ownership only; the design's non-renewable 10-year term runs from the original filing date regardless of any later assignment.
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