La vita di un disegno o un modello

 

The transfer to third parties entails the permanent transfer of the ownership of the design or model to another person. It is usually done with a deed of transfer, such as sale, exchange, donation, contribution in company. The contractual rules effectively adopted apply.
Revenue is by means of single and final payment that does not foresee additional revenue. To be enforceable against third parties, the transfer must be transcribed at the IPTO.

Licensing a design or model
Designs and models are licensed when the owner of the design (licensor) grants  another subject (licensee) the authorisation to use the design or model by stipulating a specific licence contract. To be able to licence the use of a design or model, it must have been registered, or at least have applied for registration. The concession contract often has restrictions regarding: territoriality (geographic area of use of the licence), temporality (period of time of licence concession), whether or not the use of the design or model is exclusive. As far as the latter is concerned, the following contract can be implemented:

  • exclusive licence, only one dealer has the right to use the registered design or model, which cannot be used even by its owner
  • single license, only one dealer, together with its owner, has the right to use the design or model

non-exclusive license, several dealers, probably in different areas, as well as the owner, have the right to use the design or model. Generally, agreements on designs and models are part of more ample license contracts which consider other features of the product, namely not only its appearance. Unlike the sale, the licensing of a design or model to third parties allows for the regular receipt of remuneration (usually it is a royalty) against the authorisation to use. This is why licensing is an additional source of revenue and a widespread form of exploitation of rights resulting from the protection of designs and models.

 

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