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Transferring a registered design as part of a sale, licence, or restructure needs to be properly documented and recorded with IPOPHL. Our team at Brealant prepares the assignment and manages the recordal.
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Legal Definition of Design Assignment
Assignment, under the IP Code of the Philippines (RA 8293), 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 IPOPHL Industrial Design Register to reflect the new owner, supporting their ability to enforce and deal with the design.
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 Industrial Design 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 IPOPHL.
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Wait
IPOPHL 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 the Philippines, an assignment is only as strong as its documentation and recordal. A signed deed of assignment, followed by a recordal request to IPOPHL, 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. 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 Renew the Design
Assignment and renewal are separate processes — a transferred design still needs to be renewed on schedule.
Doesn't Change the Design
You can't use an assignment to alter the registered representations.
Doesn't Add a Registrability Report
Recordal doesn't itself strengthen enforceability; a registrability report must be separately requested.
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 IPOPHL.
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 IPOPHL updates the register.
Once signed documentation is filed, IPOPHL typically records the change of ownership within a few weeks.
Assignment costs are modest relative to the transaction they support
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IPOPHL 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 ongoing renewal tracking, registrability report requests, and enforcement for the new owner, so the transition is seamless.
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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.
IPOPHL requires documentary evidence of the transfer, such as a signed deed of assignment.
Yes, we regularly coordinate Philippine recordals alongside assignments of corresponding designs in other jurisdictions.
Once signed documentation is filed, IPOPHL typically records the change of ownership within a few weeks.
The assignment remains valid between the parties, but it may not bind a third party who later deals with the design in good faith, such as a subsequent buyer unaware of the earlier transfer.
An assignment transfers ownership of the design outright, while a license only grants permission to use it — both can be recorded with IPOPHL, but only an assignment changes who owns the registration.
Yes, where multiple designs are being assigned to the same party under one transaction, Brealant can typically consolidate the recordal filings to streamline the process.
Yes, IPOPHL charges an official recordal fee per application or registration covered, in addition to any professional fee for preparing the documentation.
Yes, a past assignment can be recorded at any time provided you can produce the original assignment document or an acceptable substitute.
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