Designs Act, 1993 (Act No. 195 of 1993)30. Assignment of rights in and attachment or hypothecation of registered designs |
| (1) |
| (a) | An applicant for the registration of a design or a registered proprietor may assign his rights in an application or design to any other person, and unless such assignment is in writing it shall not be valid. |
| (b) | Upon application in the prescribed manner and on payment of the prescribed fee to the registrar, such assignment shall be recorded in the register. |
| (c) | Unless such assignment is so recorded it shall not be valid, except as between the parties thereto. |
| (2) | A registered design or an application for the registration of a design may be attached by recording the warrant of execution or attachment order concerned in the register in the prescribed manner. |
| (3) | Upon the discharge of any attachment, the person who caused such warrant or order to be entered into the register shall cause that entry to be deleted: Provided that any other interested person may apply to the registrar to cause such entry to be deleted. |
| (4) | An attachment shall lapse on the expiry of a period of three years from the date of recording it in terms of subsection (2), unless it is renewed within that period. |
| (5) | The hypothecation of a registered design or an application for the registration of a design may on application in the prescribed manner be entered in the register. |
| (6) | After the entry of an attachment or hypothecation in terms of this section, the registered proprietor or applicant for the registration of a design shall not alienate or encumber the attached or hypothecated registered design or application for the registration of a design or grant any licences in respect of such registered design: Provided that such attachment or hypothecation shall not affect the granting of a licence in terms of section 21. |