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  • Intellectual property framework

    Overview

    Intellectual property is a right protected by the Constitution of the Republic of Angola. The fundamental intellectual property framework in Angola is provided in 2 main acts: the Legal Regime for the Protection of Copyright and Related Rights and the Industrial Property Law.

  • Commercial contract framework

    Overview

    Angolan law lays down a general principle of contractual freedom, which means that parties are mostly free to establish the terms and conditions to be observed by the contracts they enter into (exceptions are made to mandatory rules legally imposed which will depend on the specific contractual relationship) and are entitled to enter into contracts provided for in the law, but also into contracts that are not provided for in the law.

    Angolan law does not establish a unitary act or set of rules applicable to all commercial contracts. Depending on the specific contractual relationship, commercial contracts may be subject to the provisions of the Civil Code, Commercial Code, Copyright and Related Rights Law, and the Industrial Property Law as well as other specific legislation.

    The aforementioned set of rules changes according to the specific contract in question.

  • Copyrights

    Nature of right

    Copyright covers original literary, scientific and artistic intellectual creations, or works. Registration is not required for the acquisition or maintenance of copyright rights; however, there are certain specific copyright-related acts subject to registration in order to be valid.

    In Angola, copyright comprises economic and moral rights.

    In the scope of economic rights, copyright owners have the exclusive right to use, enjoy and dispose of their work, or to authorize the use of the work, wholly or in part, by third parties.

    Moral rights consist in the right to claim authorship of the work, as well as the right to ensure its genuineness and integrity.

    Legal framework

    Copyrights are governed by Law No. 15/14 of July 31, which introduced the Legal Regime for the Protection of Copyright and Related Rights.

    Duration of right

    As general rule, moral copyrights are unlimited in time and, therefore, are inalienable and imprescriptible. With respect to economic copyrights, copyright protection lasts for a term of 70 years, counted as of January 1 of the first year after the death of the author, as well as through the life of the author.

    In the case of works in collaboration, copyright expires 70 years after the death of the last surviving author. As per collective works or works originally assigned to a corporate person, copyright expires 70 years from the date of the first licit publication or disclosure, except if the individuals who create it were identified in the version of the work available to the public.

    For an anonymous work, or work that was legally published or disclosed without identifying the respective author, protection is for 70 years after publication or disclosure.

    Please note that, with respect to applied arts and photographic works, economic copyrights protection lasts for a term of 45 years, counted as of January 1 of the first year after the death of the author.

    Economic copyrights related to a broadcaster last up to 35th calendar year after the broadcast.

    Ownership / licenses

    Moral rights are inalienable.

    The copyright owner, as well as their successors or assignees, may authorize the use of the work by third parties or assign economic rights, wholly or partially.

    Granting an authorization to third parties in order for them to divulge, publish, use or explore the work does not imply the transfer of copyright rights.

    Authorization shall only be granted in writing, mandatorily including the parties involved, the title and type of the work, the rights concerned, the duration, place and price conditions.

    Please note that the assigns are only effective against third parties when registered.

    Remedies for infringement

    The copyright owner may request payment of compensation by the agent for damages and losses to repair the damage suffered as a result the infringement, as well as payment of expenses caused by that infringement, which may include legal expenses.

    The amount of the compensation is determined in accordance with the civil liability regime provided for by the Angolan Civil Code, taking into account the amount of material and moral damage suffered by the copyright owner, as well as the profit obtained by the offender.

    When it is proven that the infringing copies affect a right, the Court may order, ensuring that the penalty is proportionate to the seriousness of the offense and taking into account the legitimate interests of third parties, the destruction of those copies and their packaging or their elimination of trade channels by any other reasonable means, without compensation of any kind, in order to avoid any damage to the copyright owner.

  • Mask works / topographies

    Nature of right

    Mask works and topographies are not separately protected under Angolan law. They may be protected under patent law or by way of confidentiality.

    Legal framework

    Angolan has enacted no specific rules on protection of mask works or topographies. Although Angola is part of the WTO and has approved the TRIPS Agreement, it has not yet implemented any rules on mask works or topographies protection.

    Semiconductor technology, generally, and topographies, in particular, may be protected under the traditional intellectual property rules applicable to all types of technology, particularly patent law and the rules on confidential information. Therefore, matters such as the duration of the relevant rights, ownership and remedies depend on the type of protection used in connection with each specific mask work or topography.

    Duration of right

    Not applicable for this jurisdiction.

    Ownership / licenses

     Not applicable for this jurisdiction.

    Remedies for infringement

    Not applicable for this jurisdiction.

  • Patents

    Nature of right

    Patent rights cover new inventions, in all fields of technology, provided that they are new, involve an inventive step and are susceptible of industrial application.

    An invention shall be considered new if it does not form part of the state of the art, which comprises everything, inside or outside the country, made available to the public by means of a written or oral description, by use, or in any other way, before the date of filling of the patent application.

    An invention shall be considered involving an inventive step if it is not obvious to a person skilled in the art.

    An invention shall be considered susceptible of industrial application if it can be made or used in any kind of industry, including agriculture, fishing and handicraft.

    A national patent confers on its owner the exclusive right to exploit the patented invention in Angolan territory.

    Legal framework

    Patents are governed by the following:

    • Chapter II, the Industrial Property Law (Articles 2 to 14)
    • Membership of the World Intellectual Property Organization (WIPO), approved by Resolution No. 9/84 of July 20
    • Paris Convention for the Protection of Industrial Property – approved by Resolution No. 22/05 of August 19
    • Cooperation Treaty patent (PCT) approved by Resolution No. 22/05 of August 19 and
    • Membership of the World Trade Organization (WTO), hence the TRIPS Agreement (Accession November 23, 1996).

    Duration of right

    Patent protection is granted up to a maximum period of 15 years from the date of filling of the patent application.

    Ownership / licenses

    Patents can be transferred in writing, by means of public deed, whether or not for financial reward.

    Patents may also be licensed in writing, wholly or partially, whether or not for financial reward, on an exclusive or non-exclusive basis.

    Transfer of ownership and licenses shall be recorded in the Angolan Institute of Industrial Property to be effective against third parties.

    Remedies for infringement

    Whenever there is violation of or justified fear that another party may cause serious and difficult-to-repair harm to an industrial property right, including patent rights, the court may, at request of the interested party, order the appropriate measures to prevent any imminent violation or to prohibit continuation of the violation.

    Whoever illegally violates the industrial property rights of another person with intent or by negligence shall be obliged to pay a compensation to the injured party for damages resulting from the violation.

    In determining the amount of compensation for losses and damages, the court shall take into account the profit obtained by the infringer and the resulting damages and lost profits suffered by the injured party. The costs borne out of protection of the right in question and the investigation and termination of the harmful conduct shall also be taken in consideration, as well as personal injury.

    Infringement of the exclusive right granted by a patent may be also punishable as crime with imprisonment up to 6 months or a fine.

  • Trademarks

    Nature of right

    A trademark is a sign that distinguishes a company's goods or services, from the goods and services provided by other companies. There are 3 types of trademarks, namely:

    • Nominative: when constituted by letter(s) or word(s)
    • Figurative: consisting of figures or images and
    • Mixed: when it includes a combination of figures and words or letters in its constitution.

    The registered trademark confers to the owner, the right to prevent third parties that do not have their consent from using in the course of trade any sign which is identical or similar to the trademark in relation to goods and/or services which are identical or similar to those for which the trademark is registered.

    Legal framework

    Trademarks are governed by the following:

    • Chapter II, the Industrial Property Law (Articles 29 to 40)
    • Membership of the World Intellectual Property Organization (WIPO), approved by Resolution No. 9/84 of July 20
    • Paris Convention for the Protection of Industrial Property – approved by Resolution No. 22/05 of August 19 and
    • Membership of the World Trade Organization (WTO), hence the TRIPS Agreement (Accession November 23, 1996).

    Angola is not a party to either the Madrid Agreement or the Madrid Protocol. As such, International Registrations (IRs) cannot be extended to Angola. Angola's accession to the Madrid Agreement and/or the Madrid Protocol is currently the subject of consultation, but the position is unlikely to change for a number of years to come.

    Duration of right

    National trademark registrations remain valid for 10 years starting from the date of filing of the application and may be indefinitely renewed for equal periods.

    Ownership / licenses

    Trademarks can be transferred in writing, wholly or partially, whether or not for financial reward. A transfer of the whole of the undertaking shall include the transfer of the trademark except where there is agreement to the contrary or circumstances clearly dictate otherwise.

    Trademarks may also be licensed in writing, wholly or partially, whether or not for financial reward, on an exclusive or non-exclusive basis.

    Transfer of ownership and licenses must be recorded in the Angolan Institute of Industrial Property to be effective against third parties.

    Remedies for infringement

    Whenever there is violation of or justified fear that another party may cause serious and difficult-to-repair harm to an industrial property right, including trademarks, the court may, at request of the interested party, order appropriate measures to prevent any imminent violation or to prohibit continuation of the violation.

    Whoever illegally violates the industrial property rights of another person with intent or by negligence shall be obliged to pay a compensation to the injured party for the damages resulting from the violation.

    In determining the amount of compensation for losses and damages, the court shall take into account the profit obtained by the infringer and the resulting damages and lost profits suffered by the injured party. The costs borne out of protection of the right in question and the investigation and termination of the harmful conduct shall also be taken in consideration, as well as personal injury.

    Trademark infringement is punishable as crime with imprisonment up to 3 months or a fine.

  • Trade secrets

    Nature of right

    Trade secrets are not protected as property in Angola. However, the Angolan Industrial Property Law, in the chapter related to Crimes of Unfair Competition, characterizes as crimes certain conducts involving the unauthorized use of trade secrets. As a result, there is legal protection against the violation of trade secrets.

    Legal framework

    Trade secrets are addressed in article 73 of the Angolan Industrial Property Law.

    Duration of right

    Not applicable for this jurisdiction.

    Ownership / licenses

    Not applicable for this jurisdiction.

    Remedies for infringement

    Remedies available for infringement of trade secrets can include criminal remedies (imprisonment and monetary fine) and civil remedies (injunction to prevent the continuation of infringements and damages).

    Trade secret violation is punishable with a fine, if a more serious sanction does not apply by applying the provisions of the penal code and Law No. 9/89 (Law on Crimes Against the Economy).

  • Other key IP rights

    Nature of right

    Design

    Industrial design means any new arrangement or set of lines or colors that, for industrial or commercial purposes, can be applied to the ornamentation of a product by any manual, mechanical, chemical, simple or combined process.

    The registered design confers to the owner the right to prevent third parties that do not have their consent from using it. The aforementioned use shall cover, in particular, the making, offering, putting on the market, importing, exporting or using of a product in which the design is incorporated or to which it is applied, or stocking such a product for those purposes.

    Industrial designs

    Industrial designs

    Legal framework

    Design

    Designs are governed by Chapter III of the Industrial Property Law (Articles 15 to 28).

    Duration of right

    Design

    Designs registrations remain valid for 5 years starting from the date of filing of the application and may be renewed for 2 consecutive times of 5 years each.

    Ownership / licenses

    Design

    Designs may be licensed in writing, wholly or partially, whether or not for financial reward, on an exclusive or non-exclusive basis.

    Transfer of ownership and licenses must be recorded in the Angolan Institute of Industrial Property to be effective against third parties.

    Remedies for infringement

    Design

    Whenever there is violation of or justified fear that another party may cause serious and difficult-to-repair harm to an industrial property right, including designs, the court may, at request of the interested party, order appropriate measures to prevent any imminent violation or to prohibit continuation of the violation.

    Whoever illegally violates the industrial property rights of another person with intent or by negligence shall be obliged to pay a compensation to the injured party for the damages resulting from the violation.

    In determining the amount of compensation for losses and damages, the court shall take into account the profit obtained by the infringer and the resulting damages and lost profits suffered by the injured party. The costs borne out of protection of the right in question and the investigation and termination of the harmful conduct shall also be taken in consideration, as well as personal injury.

    Infringement of the exclusive right granted by a registered design may be punishable with a fine.

  • Intellectual property in employment context

    Employees

    As a general rule, the copyright over a work made under a labor agreement or in compliance with functional obligations is determined by agreement between the parties. In case no agreement exists, it is presumed that the ownership over the work belongs to the respective intellectual creator. In cases where there is a service provision contract, the property rights over the work are transferred to the contractor or entity represented by it.

    The right to patent shall belong to the inventor or their successors in title. Notwithstanding, if an invention was made during the performance of an employment contract in which inventive activity is provided for, the right to the patent belongs to the employer.

    Consultants / contractors

    In principle, consultants and contractors will retain ownership of the intellectual property developed by them, unless otherwise agreed by the parties or provided for in the law.

  • Key commercial contract considerations

    Registration of commercial agreements

    There are no general registration requirements for commercial contracts under Angolan law; however, certain exceptions may arise. Furthermore, Industrial Property Rights licenses are subject to registration within the Angolan Industrial Property Institute (IAPI) in order to be enforceable against third parties.

    Recognized language of commercial agreements

    There are no general requirements under Angolan law that provide that contracts must be written in Portuguese. However, in certain cases – for instance, contracts with consumers – the Portuguese language is mandatory, and, if the contract is to be used in specific situations – for example, for purposes of evidence in court or used with public authorities – translation to Portuguese is required.

    Country-specific issues for online content

    Electronic contracts are regulated under Presidential Decree No. 202/11 of July 22.

    Enforceability of online/clickwrap/shrinkwrap terms

    Contracts may be concluded electronically, provided that it does not affect its validity or effectiveness due to the use of this medium. Please note that general contractual clauses requiring electronic conclusion of consumer contracts are prohibited.

    The provider shall make available to the recipients, before the conclusion, unambiguous minimum information including (i) the contract conclusion process, (ii) whether or not the contract is stored by the service provider and accessibility by the recipient, (iii) the language or languages in which the contract may be concluded, (iv) the technical means which the provider makes available so that errors of introduction which may be contained in the order form may be identified and corrected, (v) the contractual terms and general clauses of the contract to be concluded, (vi) the codes of conduct subscribed and information on how to consult them electronically  and (vii) the effective technical means which allows the recipient to identify and correct inserted errors.

    Governing law

    The interpretation and enforceability of contracts is a matter of governing law. The choice of law by the parties is accepted as a general principle, except when otherwise provided for by law; please, however, note that, in certain cases, there are rules of mandatory application – for instance, in the scope of contracts concluded with consumers.

  • Key commercial contract terms

    Enforceability of warranty disclaimers

    This will depend on the specific warranty. Notwithstanding, the law may provide some restrictions on the enforceability of warranty disclaimers (eg, for reasons of consumer protection).

    Enforceability of exclusions/limitations of liability indemnification

    As general rule, the enforceability of exclusions or limitation of liability is limited under Angolan law. According to civil law, limitation of liability or exclusion of liability concerns the grounds of liability itself and the damages and losses. The law is not absolutely clear when dealing with the matter; therefore, some hold the opinion that the law does not prevent clauses limiting or excluding liability for acts of mere negligence, while others suggest that all clauses of exclusion or limitation are completely null and void.

    Indemnification

    Indemnification clauses in contracts are, in principle, enforceable, but may be subject to restrictions provided for in the law. It is relatively common to stipulate in commercial agreements that the indemnifying party will indemnify and hold harmless the other party against claims of third parties related to the subject matter of the agreement.

    Electronic signatures

    According to Angolan law, a qualified electronic signature is equivalent to an autographic signature in paper documents. An electronic document shall only be deemed to be signed for purposes of evidence where it meets the requirements set by the law on electronic signature and certification.

  • Key contacts
    Murillo Costa Sanches
    Murillo Costa Sanches
    Of Counsel DLA Piper [email protected] T +351 213 583 659 View bio
    Joni Garcia
    Joni Garcia
    Associate DLA Piper ADCA Angola [email protected] T +244 926 612 525

Other key IP rights

Ownership / licenses

Angola

Design

Designs may be licensed in writing, wholly or partially, whether or not for financial reward, on an exclusive or non-exclusive basis.

Transfer of ownership and licenses must be recorded in the Angolan Institute of Industrial Property to be effective against third parties.

Argentina

Industrial designs

Ownership belongs to the author. There is a rebuttable presumption to the effect that the first applicant of an industrial model or design registration is the author of such industrial model or design. Joint ownership is possible and is governed by the Civil and Commercial Code and by Decree 6673/1963 as amended.

Industrial models or designs may be the subject matter of license agreements. No registration is necessary for the validity of these agreements.

Australia

Not applicable.

Austria

Not applicable for this jurisdiction.

Belgium

Not applicable for this jurisdiction.

Brazil

Not applicable for this jurisdiction.

Canada

Industrial designs

The author of a design is the 1st proprietor of the design, unless the author has executed the design for another person for a good and valuable consideration, in which case the other person is the 1st proprietor.

Every design, whether registered or unregistered, is transferable in whole or in part. Licenses may be granted. Ownership may be assigned.

Chile

The law does not provide for specific rules on the granting of a license for industrial designs and industrial drawings. However, the exclusive right of the rights holder to use and monetize their product includes the right to license these rights.

China

Not applicable for this jurisdiction.

Colombia

Industrial designs

The designer may transfer the registry of the industrial design or grant a license, but both the transfer and the license shall be made and granted in writing and registered before the Superintendency of Industry and Trade. If 2 or more persons create an industrial design jointly, the right to register it shall belong jointly to all of them.

Nonetheless, according to Article 114 of Decision 460 of 2000, "where two or more persons create the same industrial design independently, registration shall be granted to the one, or to the successor in title, who files the first application in relation to it or who claims the earliest priority."

Czech Republic

Not applicable for this jurisdiction.

Denmark

Designs

Any legal or natural person may apply for and own a design or obtain design right through use.

Owners may grant 3rd parties a license to use the registered design.

Licenses may be registered in the Danish design register and for registered EU designs with the EUIPO. In Denmark, registration of licensees is not mandatory. However, for EU designs, registration is mandatory to obtain validity.

Finland

Not applicable.

France

Registered designs

The protection of the design is acquired by the registration of the owner.

The author of the application for registration is, unless proven otherwise, regarded as the beneficiary of this protection.

A design owner is free to transfer or license any and all of its rights under the design to a 3rd party.

Databases

There are no formal requirements for sui generis protection.

Under the sui generis protection, a database producer (ie, a natural person or a legal entity initiating and supporting the investment) is free to transfer or license any and all of its rights under the database to a 3rd party.

Germany

Ownership can be transferred by agreement. Joint ownership is possible.

Licenses may be granted on an exclusive and non-exclusive basis. In joint ownership situations, licenses may generally only be granted with the consent of the other co-owners.

Hong Kong, SAR

Joint ownership of design is recognized. If there is more than 1 registered owner of a registered design, each of them shall be entitled to an equal undivided share in the design, unless there is any agreement to the contrary.

The co-owner of the registered design can only grant a license under the design or assign or mortgage a share in the design if they have obtained the consent from the other co-owner.

Hungary

Not applicable for this jurisdiction.

India

Not applicable for this jurisdiction.

Indonesia

Industrial design

The holder of industrial design right may grant a license permitting a 3rd party to use the industrial design under a license agreement. The law stipulates that all licenses granted by the holder of industrial design right must be recorded in the General Register of Industrial Design and published in the Official Gazette of Industrial Design.

Based on Minister Regulation No. 8, an industrial design license agreement can now be duly recorded, and the application for recording can be made electronically or in paper format. A recording is valid for a duration of 5 years and can be renewed. Minister Regulation No. 8 requires a copy of the industrial design license agreement, copy of the industrial design registration certificate, original power of attorney and proof of payment to be submitted.

The applicant is also required to provide a statement letter stating that the object of the license agreement is still valid, will not cause any losses to the national economy interest, will not inhibit the development of technology and is not in conflict with the laws and regulations, morality and public order.

Ireland

Designs

It is possible to have joint ownership in a design. It is also possible to transfer and/or license design rights. There are certain formalities in relation to the recordal of exclusive and non-exclusive design rights.

Israel

Designs

The designer is the first owner of a design. The employer is the first owner of a design made by an employee carrying out their tasks or as a result of making substantial use of the employer's resources, unless otherwise agreed. A design made to order is owned by the person who commissioned it, unless otherwise agreed.

Licenses can be granted by the owner of the rights and by licensees authorized to grant sub-licenses. An exclusive license or a transfer of rights in a design must be in writing and these are required to be recorded on the designs registry.

Italy

Generally speaking, ownership belongs to the creator of the design (unless it is created in the context of an employment relationship – see below) and the economic rights related to it can be licensed to 3rd parties.

Japan

Not applicable for this jurisdiction.

Luxembourg

Not applicable for this jurisdiction.

Mexico

Not applicable.

Netherlands

Not applicable for this jurisdiction.

New Zealand

Generally, the author of a design is the owner of it, except where the design is made for someone else for good consideration, in which case that other person will be treated as the owner. Design owners can assign and license their designs.

Nigeria

The owner of an industrial design is known as the statutory creator or person who, whether or not they are the true creator, is the first to file the application for the registration of the design or validly claim a foreign priority for an application for registration of the design. The true creator is entitled to be named as such in the register, whether or not they are also the statutory creator, and the entitlement in question shall not be modifiable by contract.

A design owner may grant a license to any person in the same manner and with the same effect as license grants under patents.

Norway

Design

The designer has the exclusive right to their registered design, and no third party may use the design without the designer's consent.

There are some exceptions to this exclusive right, and it applies to private and non-commercial use, use for experimental purposes and use for the purpose of teaching and citation.

Licenses to designs may be granted.

Peru

Not applicable.

Philippines

Not applicable in this jurisdiction.

Poland

The right of registration to an industrial design gives its owner the exclusive right to use the design in a commercial and professional way in Poland (or in the EU, in the case of registered community designs). The holder of the right to a registered industrial design may prohibit any 3rd party from manufacturing, using, offering, marketing or importing and exporting and stocking for these purposes, products whose appearance does not produce on the informed user a different overall impression.

It is also possible to transfer a registered design, although in respect of the industrial designs registered with the Polish Patent Office, it must be done in writing – otherwise the transfer will be null and void. The same applies to licenses.

Licenses may be granted on an exclusive and non-exclusive basis. However, only the holder of an exclusive license to an industrial design registered with the Polish Patent Office may pursue claims for infringement of the rights to the design, unless the license agreement provides otherwise. A licensee may grant further licenses only upon the consent of the licensor (further sublicensing is prohibited in respect of designs registered with the Polish Patent Office). A license that does not limit the scope of the design's use is regarded as a license granting full rights as exercised by the holder of rights to the registered design.

Where a registered industrial design right encumbered with a license is transferred, the license contract is effective towards the successor in title.

Portugal

Logos

Logos can be transferred in writing, wholly or partially, whether for financial reward or not. When a logo is used in an establishment, the rights arising from the application for registration or registration of a logo may only be transmitted together with the establishment or part of the establishment to which they are connected.

On the other hand, the transfer of the establishment involves its logo, which may continue as it is registered, unless the transferor reserves it to another establishment, present or future.

Logos may also be licensed in writing, wholly or partially, whether for financial reward or not, on an exclusive or non-exclusive basis.

Transfer of ownership and licenses must be recorded in the Portuguese Institute of Industrial Property to be effective against 3rd parties.

Romania

Joint ownership is possible. Rights over industrial designs may be transferred by way of assignments and/or licenses.

Russia

Not applicable.

Saudi Arabia

Not applicable.

Singapore

Not applicable for this jurisdiction.

Slovak Republic

Utility models

The owner of a utility model is the natural or legal person registered in the register of the Industrial Property Office as the owner. The joint ownership of a utility model is allowed. The Industrial Property Office will register a co-owner upon an application accompanied by a written agreement concluded between the owner or co-owners of a utility model and the person who has the right to solution.

The owner may grant another person a license to their utility model. A license shall have legal effects towards 3rd parties upon registration in the register of the Industrial Property Office.

Designs

The owner of a design is a natural or legal person registered in the register of the Industrial Property Office as the owner. The joint ownership of a design is allowed. The Industrial Property Office will register a co-owner upon an application accompanied by a written agreement concluded between the owner or co-owners of a design and the person who has the right to design.

The owner may grant another person a license to their design. The license shall have legal effects towards 3rd parties upon registration in the register of the Industrial Property Office.

South Korea

Not applicable for this jurisdiction.

Spain

Not applicable.

Sweden

Not applicable.

Switzerland

Not applicable for this jurisdiction.

Taiwan, China

Not applicable for this jurisdiction.

Ukraine

Industrial designs

Under Ukrainian law the design author is the initial intellectual property rights holder.

The persons who created a design jointly are considered co-authors under Ukrainian law. The exclusive rights with respect to a design created in co-authorship are vested with all co-authors. Relations between co-authors are regulated by an agreement between them.

The right holders of registered industrial designs may grant or assign their rights to other parties through license or assignment agreement, which should be in writing. The assignment of the rights to registered industrial designs is subject to mandatory registration with the Ukrainian IP Office.

United Arab Emirates

Not applicable.

United Kingdom

Passing off

Goodwill can be jointly owned and is considered to be a form of property right that can be transferred like any other property right.

As a general rule, goodwill accrues to the business that has generated the relevant goodwill, and not to individual employees.

Designs

The UK has a first-to-file system in respect of registered designs.  Registered designs may be assigned or licensed.

For unregistered design right, the designer will generally be the first owner of the right, though if the design has been created in the course of employment the employer is likely to be the first owner.

In the last 5 years of an unregistered design right, any person is entitled to a license. If parties cannot agree on the terms, the Comptroller General of Patents, Designs and Trademarks will settle the terms; this can be a lengthy process, but an infringer can manufacture products pending settlement of the terms.

United States

Not applicable for this jurisdiction.