If my new product has been made by an outside design house to my instructions, do I still own the IPRs, viz. the Copyright and/or the Design Right and/or the Registered Design Right?
The answer should be yes; however, if the design house has made any contribution no matter how inconsequential to the shape and configuration of the final product, it will be prudent to obtain an appropriate assignment from the proprietor of the design house and any employee thereof who may have worked on the design. Such assignment should also include the assignment of rights from any person or persons who may have been contracted to the design house in relation to development of the product design. NB! It is not sufficient for any prior contractual undertaking between you and a design house to include an intent to assign any IPRs although this will be useful in the event that the parties fail to agree upon an assignment of the IPRs at some future date.
