Who is the first owner of the right to apply for a registered Community design?

In general, the first owner of the right to apply for a registered Community design is the designer. However, where a design is created by an employee in the course of employment, the designer’s employer will be the first owner of the right to apply, unless the employer and employee have agreed otherwise or relevant national laws state otherwise.

The rights in a design, including the right to apply for a registered Community design, or the Community design application or registration itself, may be transferred from one party to another. Where a design is being created for you by someone other than an employee carrying out his normal duties (for example, when you have commissioned a designer to create a design for you), it is advisable to obtain a written agreement that clarifies the issue of ownership before the design is made.