Understanding a deed of assignment for intellectual property
updated September 1, 2023 · 3min read
Understanding intellectual property in buusiness
How to transfer intellectual property rights in business, what to include in a deed of assignment, registering new ownership, restrictions on intellectual property transfers.
Most companies have intellectual property as part of their assets, including software, product design, or copyright to white papers. Buying or selling such property is done using a document called a deed of assignment.
A large part of what a business consists of may be tied to intellectual property . It's easy to see physical property a company owns, such as a building, office furniture, or inventory, but intellectual property can be more challenging to identify.
Most businesses have intellectual property, or works created by human minds or, in some cases, by computers. Some examples of intellectual property include architectural drawings, ad campaigns, company or product names, inventions, and source code.
Examples of when transfers of intellectual property might happen include when a company is buying another company, when you are setting up an LLC and want to transfer your intellectual property into the company, or when a business buys product rights from another company or individual.
A deed of assignment can be done in one transaction, instead of one transaction for each item of intellectual property, by transferring all ownership rights of all intellectual property detailed in the deed. The document is signed by both the buyer and seller. No payment is required for it to be valid.
A deed of assignment must be in writing and should include:
- The names and addresses of the assignor and assignee
- A description of the program or product for which the rights are being transferred
- A statement that all intellectual property rights to the property are being transferred
- Signatures of the parties and the date of the agreement execution
The deed could also include the following sections, where applicable:
- Consideration, or payment, to be made to the original owner.
- Warranties, or promises that the intellectual property rights being assigned don't infringe on anyone else's intellectual property rights . For example, in a deed regarding the transfer of a copyright, this section could state that the copyrighted work is original and not owned by someone else.
- Indemnification, or promise by the seller to reimburse the assignee if there is some problem with title to the property.
- Future assignments. For example, the agreement could be ongoing, so that anything the assignor creates in the future for this product or program is also transferred to the buyer.
Although a deed of assignment transfers ownership in intellectual property, it does not change the registration of the ownership. The assignee is responsible for handling all registration requirements.
For example, if a patent is transferred via a deed of assignment, the new owner must record the change in ownership with the U.S. Patent and Trademark Office. Similarly, the transfer of a copyright is recorded with the U.S. Copyright Office.
Transfers of intellectual property must comply with U.S. laws. One obvious caveat is that you can't transfer property you don't own. Transfers must also comply with antitrust laws, which are set up to prevent one company from completely dominating an industry.
If intellectual property rights are being transferred overseas, the transfer must comply with Export Administration Regulations and the International Traffic in Arms Regulations , which are designed to protect national security and trade.
The deed of assignment can be a crucial part of a business deal or transaction. You can create a deed of assignment yourself, or you can work with an attorney .
by Brette Sember, J.D.
Brette Sember, J.D., practiced law in New York, including divorce, mediation, family law, adoption, probate and estat...
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Deed of Assignment: Everything You Need to Know
A deed of assignment refers to a legal document that records the transfer of ownership of a real estate property from one party to another. 3 min read
Updated October 8,2020:
A deed of assignment refers to a legal document that records the transfer of ownership of a real estate property from one party to another. It states that a specific piece of property will belong to the assignee and no longer belong to the assignor starting from a specified date. In order to be valid, a deed of assignment must contain certain types of information and meet a number of requirements.
What Is an Assignment?
An assignment is similar to an outright transfer, but it is slightly different. It takes place when one of two parties who have entered into a contract decides to transfer all of his or her rights and obligations to a third party and completely remove himself or herself from the contract.
Also called the assignee, the third party effectively replaces the former contracting party and consequently assumes all of his or her rights and obligations. Unless it is stated in the original contract, both parties to the initial contract are typically required to express approval of an assignment before it can occur. When you sell a piece of property, you are making an assignment of it to the buyer through the paperwork you sign at closing.
What Is a Deed of Assignment?
A deed of assignment refers to a legal document that facilitates the legal transfer of ownership of real estate property. It is an important document that must be securely stored at all times, especially in the case of real estate.
In general, this document can be described as a document that is drafted and signed to promise or guarantee the transfer of ownership of a real estate property on a specified date. In other words, it serves as the evidence of the transfer of ownership of the property, with the stipulation that there is a certain timeframe in which actual ownership will begin.
The deed of assignment is the main document between the seller and buyer that proves ownership in favor of the seller. The party who is transferring his or her rights to the property is known as the “assignor,” while the party who is receiving the rights is called the “assignee.”
A deed of assignment is required in many different situations, the most common of which is the transfer of ownership of a property. For example, a developer of a new house has to sign a deed of assignment with a buyer, stating that the house will belong to him or her on a certain date. Nevertheless, the buyer may want to sell the house to someone else in the future, which will also require the signing of a deed of assignment.
This document is necessary because it serves as a temporary title deed in the event that the actual title deed for the house has not been issued. For every piece of property that will be sold before the issuance of a title deed, a deed of assignment will be required.
Requirements for a Deed of Assignment
In order to be legally enforceable, an absolute sale deed must provide a clear description of the property being transferred, such as its address or other information that distinguishes it from other properties. In addition, it must clearly identify the buyer and seller and state the date when the transfer will become legally effective, the purchase price, and other relevant information.
In today's real estate transactions, contracting parties usually use an ancillary real estate sale contract in an attempt to cram all the required information into a deed. Nonetheless, the information found in the contract must be referenced by the deed.
Information to Include in a Deed of Assignment
- Names of parties to the agreement
- Addresses of the parties and how they are binding on the parties' successors, friends, and other people who represent them in any capacity
- History of the property being transferred, from the time it was first acquired to the time it is about to be sold
- Agreed price of the property
- Size and description of the property
- Promises or covenants the parties will undertake to execute the deed
- Signatures of the parties
- Section for the Governors Consent or Commissioner of Oaths to sign and verify the agreement
If you need help understanding, drafting, or signing a deed of assignment, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.
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Content Approved by UpCounsel
- Define a Deed
- Contract for Deed California
- Contract for Deed in Texas
- Assignment Law
- Deed Contract Agreement
- Assignment Of Contracts
- Legal Assignment
- Deed vs Agreement
- Assignment Legal Definition
- Contract for a Deed
Drafting a Deed of Assignment
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Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom. Also note: This is not legal advice.
A Deed of Assignment is a vital legal document used to transfer rights, interests or assets between parties. It is regularly used in business transactions, and often regarding real estate or intellectual property. A well-crafted deed of assignment can protect both sides from potential legal disputes, ensuring that everyone involved understands their obligations and responsibilities.
The Genie AI team has seen many instances where having a valid deed of assignment can make all the difference - without it businesses could be exposed to considerable risk. That’s why we offer free templates and step-by-step guides to help those wishing to draft their own deed.
When creating a Deed of Assignment it is important to take the specific circumstances into account - any changes or additions should be accurately documented and agreed by all involved parties beforehand. Furthermore, it is essential that the terms are clearly written out in an unambiguous way so every party knows exactly what they have signed up for. Beyond protecting both sides’ interests, this type of agreement can also be used for copyright assignments, leases, debt transfers and trusts.
Before signing on the dotted line it’s also critical that executing such documentation is done properly - all parties must sign in the presence of a witness who will also affix their signature and date the document accordingly. Once this process has been completed filings must then be made with any relevant government authorities whenever necessary (especially in cases involving real estate or intellectual property transfers).
In summary, drafting a Deed of Assignment not only safeguards everyone’s best interests but also provides additional benefits depending on its use case - reading through our step-by-step guidance below should provide you with more information on how to access our template library today and start benefitting from its advantages without needing to sign up for an account with Genie AI first!
Definitions (feel free to skip)
Legal Binding: When a legally binding document is used, it means that all parties involved are legally obligated to follow the terms and conditions set forth in the document.
Assignor: The assignor is the person who is transferring rights, interests or assets to someone else.
Assignee: The assignee is the person who is receiving the rights, interests or assets from the assignor.
Witness: A witness is an independent third-party who is present when a document is signed, in order to ensure that the process is completed in a secure and legally binding manner.
Stamp: A stamp is an official seal or mark that is used to verify and authenticate a document.
Tax: A tax is a sum of money that is paid to a government or public authority.
Duty: Duty is an obligation or responsibility assigned to someone.
Defining the Deed of Assignment
What is a deed of assignment and what is its purpose, parties involved, who needs to be involved in the making of a deed of assignment, drafting the deed, determine what kind of deed of assignment needs to be drafted, consider the subject matter to be assigned in the deed, research the legal requirements for the kind of deed to be drafted, draft the deed of assignment in accordance with the legal requirements, executing the deed, check that the parties to the deed are correctly identified, confirm that the deed is correctly signed and dated by all parties, confirm that the deed is witnessed by an independent third party, have the deed of assignment properly executed by all parties, registration, determine whether the deed of assignment needs to be registered, if registration is necessary, confirm the registration procedures, take necessary steps to register the deed of assignment, considerations, consider any applicable tax or stamp duty implications of the deed of assignment, consider any restrictions or limitations on the rights being assigned, consider whether the deed of assignment needs to be registered in any public records, common mistakes, not accurately identifying all of the parties to the deed, not having the deed properly executed by all parties, not having the deed witnessed by an independent third party, not considering any applicable tax or stamp duty implications, not considering any applicable restrictions or limitations on the rights being assigned, record keeping, ensure that the original deed of assignment is securely stored, create a digital copy of the deed and store it in a secure manner, review the deed of assignment to ensure accuracy, confirm that all steps have been completed correctly, seek advice from legal professionals if necessary, get started.
- Establish the parties involved in the Deed of Assignment
- Identify the property or service being assigned
- Specify the terms of the assignment
- Ensure the Deed of Assignment is properly witnessed
- Check that all signatures are valid
When you have completed the steps above, you will have successfully defined the Deed of Assignment and can proceed to the next step.
- A deed of assignment is a legal document that is used to transfer the rights and responsibilities of one party (the assignor) to another party (the assignee)
- It is used to transfer contractual rights and obligations between parties
- It should include information such as the names of the parties, the date of the assignment, and the description of the rights transferred
- You will know that you have completed this step when you have an understanding of what a deed of assignment is and why it is used.
- Identify the party transferring their rights (the assignor) and the party receiving the rights (the assignee)
- Draft the deed in the name of both parties, including full names and contact details
- Ensure the deed is signed by both the assignor and assignee
- Once the deed is signed, the parties should exchange copies of the document
Once the assignor and assignee have been identified and the deed has been drafted and signed, you can check this step off your list and move on to the next step.
- Identify the parties involved in the Deed of Assignment. This would typically include the assignor (the party transferring their rights or interest) and the assignee (the party receiving the rights or interest).
- Ensure that all parties involved have the legal capacity to enter into a contract.
- When all parties have been identified and their legal capacity has been verified, you can check this step off your list and move on to drafting the Deed.
- Read the applicable laws in your jurisdiction to determine the required language and structure of the Deed of Assignment
- Gather the necessary information on the parties, the asset being assigned, and other relevant details
- Draft the Deed of Assignment, taking into account all the necessary details
- Make sure the language is clear and unambiguous
- Have the Deed of Assignment reviewed by a legal professional
- When the Deed of Assignment has been drafted and reviewed, you can move on to the next step.
- Identify the type of assignment that needs to be drafted and the legal requirements that need to be satisfied
- Consider the purpose of the Deed and the rights and obligations of the parties to the Deed
- Determine if the Deed is for an absolute or conditional assignment
- Consider if the Deed should be an express or implied assignment
- Determine if the Deed needs to be in writing or if it can be oral
- Check the applicable laws in your jurisdiction to ensure that you are drafting a valid Deed
- Check if there are any additional requirements that need to be included in the Deed
When you can check this off your list: Once you have identified the type of assignment and the relevant legal requirements, you can move on to considering the subject matter to be assigned in the Deed.
- Identify the subject matter of the Deed of Assignment, such as a patent, trademark, copyright, or other intellectual property
- Assess the value of the subject matter and any associated liabilities
- Understand the relationship between the assignor and assignee
- Have all necessary documents, such as a purchase agreement, to provide more detail about the assignment
Once you have identified the subject matter of the Deed of Assignment, assessed its value, understand the relationship between the assignor and assignee, and gathered any additional documents, you can move onto the next step of researching the legal requirements for the kind of Deed to be drafted.
- Research the relevant legislation, case law, and other materials related to the Deed of Assignment to be drafted
- Consult with a lawyer familiar with the relevant law to understand the requirements
- Take detailed notes on the legal requirements that must be adhered to in the Deed of Assignment
- Once you have all the necessary information, double-check that you understand the requirements before moving on to the next step.
- Prepare the text of the Deed, ensuring that all relevant information regarding the parties, the subject matter, and the consideration is included
- Check to make sure the language conforms with relevant laws and regulations
- Have the Deed reviewed by a solicitor to ensure that it complies with all legal requirements
- Once the Deed has been approved by a solicitor, have the parties sign the document
- Once the Deed has been signed by both parties, make multiple copies and ensure each party has a copy
- This step is complete once the Deed has been signed and each party has a copy of the document.
- Ensure both parties sign the Deed of Assignment in the presence of two witnesses who are over the age of 18 and not parties to the Deed
- Have both parties sign the deed in the presence of two witnesses and have the witnesses sign the deed to attest to witnessing the signature of the parties
- Check that the parties have signed the Deed in the presence of the witnesses by noting the signatures and the dates of signature in the execution clause of the Deed
- Once the Deed has been executed, have the parties date and keep a copy of the Deed in a secure place
- You will know that you have completed this step when the Deed has been properly executed by the parties in the presence of two witnesses.
- Identify all parties to the Deed and verify that their details are correct.
- Ensure that all parties to the Deed are identified in the document and that the details of each party are accurate and up-to-date.
- Check that the names, addresses and contact details of each party are correct.
- Once you have verified that the parties and their details are correctly identified, you can move on to the next step.
- Check that all parties have signed the Deed in the correct place, and that the date of signature is correct
- Ensure that each party has signed the Deed in the presence of an independent witness
- Check that all parties have signed the Deed with their full name and title, if applicable
- Confirm that the date of signature is correct and that all parties have signed on the same date
- Once you have verified that all parties have correctly signed and dated the Deed, you can proceed to the next step.
- Ensure that the Deed is witnessed by an independent third party who is not a party to the Deed.
- Ask the third party to sign the Deed and provide their name, address, occupation and date of signing.
- Check that the third party has signed and dated the Deed.
- Once the above is complete, you can check this step off your list and move on to the next step.
- Obtain signatures from all parties on the deed of assignment, ensuring that each party signs in the presence of a witness
- Have an independent third party witness each party’s signature
- Ensure that all parties have a valid form of identification, such as a driver’s license or passport, available for inspection by the witness
- Ensure that all parties sign the deed of assignment in the presence of the witness
- Obtain the witness’ signature, confirming that all parties signed in the presence of the witness
- You will know this step is completed once all parties have signed the deed of assignment and the witness has signed confirming they were present during the signing.
- Obtain a copy of the executed Deed of Assignment from all parties
- Contact the relevant state or territory office to determine whether the Deed of Assignment needs to be registered
- If registration is required, complete the necessary forms, pay the registration fee, and submit the required documents
- Once the Deed of Assignment is registered, the registrar will issue a certificate of registration
- Check off this step when you have received and reviewed the certificate of registration.
- Research the applicable laws and regulations in the relevant jurisdiction to decide if the Deed of Assignment needs to be registered
- Consult a legal professional if unsure
- When you have the answer, you can move on to the next step.
- Confirm what type of Deed of Assignment requires registration with the relevant government agency or registry.
- Research the registration procedures and the requirements you must meet in order to register the Deed of Assignment.
- Obtain any fees or additional documents that are necessary to complete the registration process.
- Ensure that all parties to the Deed of Assignment understand the registration process and the requirements for completing it.
You can check off this step once you have researched and confirmed the registration procedures for the Deed of Assignment.
- Gather the necessary documents for registration, such as the Deed of Assignment, supporting documents, and the applicable fee
- Visit the registration office to register the Deed of Assignment
- Submit the necessary documents to the registration office
- Pay the applicable fee
- Obtain a copy of the registered Deed of Assignment
- Upon completion of the above steps, you can check this off your list and move on to the next step.
- Review and understand the nature of the rights and obligations being assigned
- Determine if there are any restrictions or limitations in the assignment
- Assess if any approvals are needed from third parties before the assignment is valid
- Confirm that the assignor has the right to assign the interest being transferred
- Check to see if the assignee has the necessary capacity to accept the assignment
- Analyze if the assignment is subject to any applicable laws or regulations
- Determine if any additional documentation is needed to support the assignment
- Once you have considered all of the above, you can proceed with drafting the Deed of Assignment.
- Check with your local taxation authority or a qualified tax professional to see if the Deed of Assignment is subject to any taxes or stamp duty.
- Ensure that the Deed of Assignment includes any required taxes or stamp duty payments.
- Check to see if the tax or stamp duty implications vary by jurisdiction.
- Once you’ve considered the tax or stamp duty implications, you can move on to the next step.
- Identify any restrictions or limitations that could affect the transfer of rights in the Deed of Assignment
- Consider whether there are any legal restrictions that must be observed in the transfer of the rights being assigned
- Research any relevant industry standards or regulations to ensure that the restrictions or limitations on the rights being assigned are compliant
- Ensure that the Deed of Assignment clearly outlines the restrictions or limitations of the rights being assigned
- When all restrictions or limitations on the rights being assigned are taken into consideration, checked for compliance and outlined in the Deed of Assignment, this step is complete.
- Consider whether the Deed of Assignment needs to be registered with any government or public agencies.
- Determine if any registration is required or optional.
- Research the relevant regulations and laws to ensure that the assignments are properly recorded.
- Check any local requirements or restrictions.
- Once you have determined that the Deed of Assignment does or does not need to be registered, you can move on to the next step in the process.
• Read over the Deed of Assignment twice to make sure you’re accurately identifying all of the parties to the Deed. Make sure you include the full names and addresses of the assignor and assignee, as well as any other relevant parties. • Check that the legal description of the subject property is accurate. • Ensure that the consideration (the amount being exchanged for the assignment) is stated clearly and accurately. • Make sure that the names of the initial parties to the Deed are also included in the recitals. • Ensure that the recitals and the express terms of the Deed are consistent with one another. • Make sure that the Deed is signed, notarized, and delivered in accordance with state law.
Once you’ve completed the above steps, you can check off this task and move on to the next step in the guide.
- Identify the assignor and assignee. The assignor is the party transferring their rights and the assignee is the party receiving the rights.
- Check all of the details are correct. This includes the names, addresses and other contact information for both parties.
- Draft the deed to ensure that the assignor and assignee are accurately identified.
- You can check this off your list and move on to the next step once you have confirmed that the assignor and assignee have been accurately identified in the deed.
- Ensure that all parties to the Deed have read, understood and agreed to the terms and conditions of the agreement.
- Have all parties affix their signature to the Deed and the accompanying documents.
- Check that all the signatures are dated and in the presence of a witness.
- When all parties have properly executed the Deed, you can move on to the next step.
- Ensure all parties have signed the Deed in the presence of a witness.
- The witness must be an independent third party who is not a party to the Deed.
- The witness must sign each page of the Deed that contains a party’s signature.
- The witness must also include their full name, address and occupation on the Deed.
- Once all of the above requirements are met, then you can check this off your list and move on to the next step.
- Determine the applicable taxes or stamp duty implications for the Deed of Assignment.
- Research any applicable taxes or stamp duty fees for the Deed of Assignment.
- Calculate the applicable taxes or stamp duty fees for the Deed of Assignment.
- Make sure to include the applicable taxes or stamp duty fees in the Deed of Assignment.
Once you have determined the applicable taxes or stamp duty implications for the Deed of Assignment, and included them in the Deed of Assignment, you can move on to the next step.
- Determine the rights that you are assigning and review any applicable laws or regulations to ensure that the assignment of such rights is permitted.
- Consider any applicable contractual restrictions or limitations on the rights being assigned, such as any applicable confidentiality obligations or restrictions on the transfer of rights.
- Once you have determined that the assignment of the rights is permitted and there are no applicable restrictions or limitations, you can proceed to the next step of recording keeping.
- Create a record of the Deed of Assignment, including the date it was executed, by each party
- Maintain a copy of the Deed of Assignment in a secure place
- Record any additional related documents, such as any security documents, release documents, or other agreements
- When all of the above have been done, you can check this off your list and move on to the next step.
- Obtain a physical copy of the original Deed of Assignment
- Ensure the original Deed is signed by both parties
- Keep the original Deed in a safe and secure place, such as a locked filing cabinet or safe
- Make sure the document is stored in a location that is accessible to both parties
- Ensure that the original Deed is not destroyed or tampered with in any way
You can check this off your list and move on to the next step once the original Deed of Assignment is safely stored in a secure location.
- Scan or take a digital photo of the original Deed of Assignment and save it to a secure location.
- Ensure that the digital copy is readable and clearly displays all of the information contained in the original document.
- Ensure that the digital copy is stored in a secure location, preferably on a cloud-based storage system or other secure server.
- Make sure that only authorized personnel have access to the digital copy of the Deed.
- When finished, you will have created a digital copy of the Deed and stored it in a secure manner.
- Read over the Deed of Assignment to ensure accuracy
- Make sure all details are correct, and all parties are named
- Verify that all signatures are complete and accurate
- Make sure the date of the assignment is correct
- Check that the document is formatted and laid out correctly
- Once you are satisfied with the accuracy of the Deed of Assignment, you can move on to the next step.
- Read through the entire document to make sure all the information is correct
- Double check that the names and details of the parties involved are spelled correctly
- Ensure that all the dates are accurate, and that any and all parties have signed the deed in the right places
- Check that the terms and conditions in the deed are consistent with the agreement between the parties
- When you have verified all the details, you can check this off your list and move on to the next step.
- Check the Deed of Assignment to ensure that all required elements are present, including accurate information and signatures of all parties.
- Verify that any and all attachments to the Deed of Assignment are included and accurate.
- Ensure that all dates, signatures, and other pieces of information are accurate and up-to-date.
- Once you’ve confirmed that all of the steps have been completed correctly, you can move on to the next step.
- Seek professional advice from a lawyer or other legal professional to ensure that the deed of assignment is legally binding and enforceable.
- Request that the legal professional checks that all steps have been completed correctly, and that the deed of assignment meets all requirements under local law.
- Ask the legal professional to provide you with written advice on any changes or revisions that may be necessary to make the deed of assignment valid and enforceable.
- Once the legal professional has confirmed that the deed is legally sound, you can check off this step and proceed with the next one.
- Research legal professionals who are able to provide advice and assistance with the drafting of a deed of assignment
- Contact the legal professionals to discuss the specific requirements and details of the deed of assignment
- Ask the legal professionals if they are able to provide advice and assistance with the deed of assignment
- Receive advice from the legal professionals and make changes to the deed of assignment accordingly
- Once you are satisfied with the changes to the deed of assignment, you can move on to the next step.
Q: Does a Deed of Assignment need to be signed?
Asked by John on April 23rd 2022. A: Yes, a Deed of Assignment needs to be signed by both the assignor and the assignee in order for it to be legally binding. The signatures should be witnessed and dated, and should be in front of an independent witness who is not related to either party. It is also important to include the relevant clauses and provisions in the deed, as these will set out the rights and obligations of each party.
Q: What is the difference between an assignment and a novation?
Asked by Sarah on July 29th 2022. A: An assignment is a transfer of rights or obligations from one party to another, while a novation is a transfer of rights or obligations from one party to another with the consent of all parties involved. An assignment does not necessarily require the consent of all parties, while a novation always requires the consent of all parties. Additionally, an assignment can transfer rights or obligations without necessarily extinguishing any pre-existing agreements, while a novation extinguishes any pre-existing agreements.
Q: Is a Deed of Assignment legally binding in different jurisdictions?
Asked by Tyler on October 17th 2022. A: Yes, a Deed of Assignment can be legally binding in different jurisdictions, though the exact requirements for validity may differ from jurisdiction to jurisdiction. In general, however, a Deed of Assignment needs to be signed by both parties and witnessed by an independent third party in order for it to be legally binding. Additionally, the deed should include all relevant clauses and provisions that are applicable in each jurisdiction.
Q: Are there any tax implications when drafting a Deed of Assignment?
Asked by Emma on January 15th 2022. A: Yes, there are tax implications that need to be taken into account when drafting a Deed of Assignment. Depending on the jurisdiction and specific tax laws, there may be tax implications for both parties if they are transferring rights or obligations under the deed. It is important to seek professional tax advice before entering into any agreement that involves transferring rights or obligations between parties as this could have significant financial implications for all involved.
Q: Do I need legal advice when drafting a Deed of Assignment?
Asked by Jacob on June 5th 2022. A: While it is not necessary to seek legal advice when drafting a Deed of Assignment, it is generally recommended in order to ensure that all relevant legal requirements are satisfied and that all involved parties are aware of their rights and obligations under the deed. It is also important to make sure that all language used in the deed is clear and unambiguous so that it can easily be understood by all parties involved.
Q: How can I ensure that my Deed of Assignment is valid?
Asked by Michael on August 28th 2022. A: In order for your Deed of Assignment to be valid, it must meet certain legal requirements which vary between jurisdictions. Generally speaking, your deed should include all relevant clauses and provisions applicable in your jurisdiction as well as signatures from both parties which should be witnessed by an independent third party who is not related to either party involved. Additionally, any language used within the document should be clear and unambiguous so that it can easily be understood by all involved parties.
Q: What information do I need to provide when drafting a Deed of Assignment?
Asked by Ashley on November 10th 2022. A: When drafting a Deed of Assignment, you will need to provide information about both parties involved such as their names, addresses, contact details and any other relevant information required under applicable laws in your jurisdiction. Additionally, you will need to include any relevant clauses or provisions applicable in your jurisdiction which will set out the rights and obligations of each party under the deed as well as any other information required for the document to be legally binding.
Q: What are common mistakes made when drafting a Deed of Assignment?
Asked by Joshua on February 20th 2022. A: One common mistake made when drafting a Deed of Assignment is failing to include all relevant clauses or provisions applicable in your jurisdiction which set out the rights and obligations of each party involved in the agreement. Additionally, failing to have the document signed by both parties or witnessed by an independent third party can render the document invalid or unenforceable under applicable law in some jurisdictions. Moreover, using ambiguous language within the document can also lead to misunderstandings and disputes further down the line which could be avoided if clear language was used throughout the document instead.
Lawsuit referencing a deed of assignment.
- The plaintiff may raise a lawsuit if they have been wronged by the defendant in a way that is outlined in the deed of assignment.
- For example, the deed of assignment may outline that the defendant is responsible for paying a certain amount of money to the plaintiff, and the defendant has failed to do so.
- The plaintiff may also raise a lawsuit if the defendant has failed to adhere to any other obligations laid out in the deed of assignment.
- The plaintiff would need to prove that the defendant has breached the deed of assignment in order to win the lawsuit.
- If successful, the plaintiff may be able to obtain a judgment in their favor, which may require the defendant to pay the plaintiff the money they are owed.
- In addition, the plaintiff may be able to seek other damages, such as punitive damages, if the breach of the deed of assignment was particularly egregious.
- Depending on the severity of the breach, the plaintiff may also be able to seek an injunction to prevent the defendant from continuing to breach the deed of assignment.
- Settlement of the dispute may also be possible, wherein the defendant agrees to pay a certain amount of money to the plaintiff, or agrees to adhere to the obligations laid out in the deed of assignment.
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Deed Of Assignment For Rent Deposits Occupation Lease Deed Of Assignment Of Benefit Of Claim For The Freehold Or Extended Lease House Under Section 8 Or Section 14 Deed Of Assignment Of Equitable Interest In Residential Land Deed Of Assignment Of Goodwill And Intellectual Property Rights Transfer Of A General Partnership To An Llp Deed Of Assignment Of Property Sale Benefits [Section 42 Deed Of A
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A Deed of Assignment is an instrument of transfer which is used in real estate transactions to transfer legal title or the ownership in a land or building from the title holder (called the assignor) to another called the assignee , usually for a consideration (money or money's worth).
The conveyance is done in writing, signed, sealed and delivered by the parties to the transaction. This is a very important document that should be delivered to purchaser after the conclusion of the sale of any real property .
This document is different from the Contract of Sale because although it is a vital document in real property sale and purchase transactions, the contract of sale alone does not convey legal interest in real estate. On the other hand, a registered deed of assignment not only transfers legal interest in real property, but also serves as the assignee's root of title .
According to the Land Use Act, all state and federal lands are vested in the governor of each state and the federal government respectively, who hold the lands as trustees for Nigerians. Consequently, a person who acquires ownership of a land in Nigeria is granted a certain term of years (usually 99 years) and is not referred to as the owner but the holder of a term of years and can assign the remainder of such term to another under a deed of assignment.
Note that if a person gifts another a real property, a Deed of Gift should be executed for this purpose.
How to use this document
The document should outline the names and addresses of the parties , a detailed description of the property being conveyed, the origin of the property , covenants and representations of the assignor .
After completing this document, the parties should sign the document. If either of the parties is an individual, the individual should sign the document and the document must be attested by one witness who will put their name, occupation, address and signature.
If either of the parties is a company, the common seal of the company should be affixed on the document and either two directors or one director and one company secretary should sign the document.
After the documents have been properly executed, either of the parties (particularly the assignee) should take steps to register the property at the ministry of lands if the property is within the purview of the state government and the federal ministry of housing and urban development if the property is within the purview of the federal government or located in the federal capital territory, Abuja.
The Assignor should deliver at least three or four signed copies of this document to the Assignee for registration at the requisite lands registry. The Assignor can also keep a signed copy of this document for their record.
The Land Use Act 1978 is applicable to this document. The Property and Conveyancing law of 1989 , Lagos State Registration of Titles law, 2004 and the Registration of Titles laws of various states are also applicable to this document.
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A guide to help you: How to Acquire Real Property in Nigeria
Other names for the document: Deed of Assignment for Contract, Deed of Assignment for Land, Deed of Agreement for Land, Deed of Assignment of Real Property, Deed of Assignment for Agreement
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Transferring ownership/ Assignments FAQs
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Transferring Ownership / Assignments
- Transferring Ownership / Assignments, Procedures
You may contact the Assignment Recordation Branch customer Service Desk at 571-272-3350 from 8:30 a.m. – 5 pm ET. You may e-mail questions about electronic trademark assignment filing to [email protected] or for electronic patent assignment filing to [email protected] .
To view online training, go to: http://helix-1.uspto.gov/player/20150122_AssignmentDatabase.html
Payment may be made by use of a check, credit card, money order or USPTO deposit account if submitting documents in paper. Trademark assignments submitted electronically may be paid by credit card, USPTO deposit account or electronic fund transfer (EFT). The USPTO accepts VISA, MASTERCARD, AMERICAN EXPRESS and DISCOVER credit cards.
>> see How to Pay Fees for a current fee schedule and for more about fee payments
No. All documents that meet the minimum requirement in 37 CFR 3 are processed and recorded. Persons buying or selling properties should be sure that there is an accurate chain of title in place before submitting recordation requests.
All the searchable information going on the public record is transcribed directly from the cover sheet. The office does not compare the contents of the cover sheet to the underlying document to determine what data should be entered or to attempt to identify and resolve discrepancies.
Yes. But, when submitting documents electronically through EFS, ETAS or EPAS, the cover sheet is electronically created based on the information the filer enters on the electronic form.
No, these forms are not mandatory. However, the USPTO strongly encourages their use. Completing the forms in their entirety ensures that all the required information for recordation has been sent to the office. The forms are available in PDF-fillable format on the USPTO Forms page , thus making them quick and easy to prepare.
When these forms are received in the USPTO, they are scanned along with the supporting documentation. The bibliographic data from the cover sheet is then entered into the PTAS system and the documents are processed.
Assignments filed online via EPAS or ETAS are generally recorded within hours of submission.
If the assignment has not yet been recorded, contact the Assignment Recordation Branch by telephone and we may be able to suspend the recordation. The recordation will be suspended for two days to allow time for submission of a written letter requesting that the recordation be cancelled and that a refund be issued.
If the assignment has been recorded, it cannot be cancelled. You must follow the procedures outlined in the Trademark Manual of Examining Procedure (TMEP) Section 503.06 at http://tess2.uspto.gov/tmdb/tmep/0500.htm#_T50306 .
For further information, please contact the Assignment Recordation Branch Customer Service Desk at 571-272-3350 from 8:30 am – 5:00 pm Eastern Time.
ETAS is located at http://etas.uspto.gov
Documents are usually returned as “ non-recordable ” for one of three reasons:
- A critical piece of bibliographic information was omitted from the cover sheet;
- The document itself is illegible or of such poor quality that it cannot be scanned electronically, or
- The correct fee was not paid.
The office simply puts the information on the public record and does not verify the validity of the information. Recordation is a ministerial function. The office neither makes a determination of the legality of the transaction nor the right of the submitting party to take the action.
Essentially the rules:
(1) specify the minimum information about the transaction that must be submitted;
(2) require submitters to submit this information of a separate cover sheet; and
(3) specify that submissions must be legible and of such quality to permit processing; and
(4) pay the proper recording fee.
The rules permit submission of true copies of assignment-related documents; original documents are not required nor desired, as they will not be returned.
All assignments are processed through an image-based workflow management system called the Patent and Trademark Assignment System (PTAS).
- Paper documents are manually scanned into the PTAS. Documents received electronically through EFS, ETAS or EPAS are electronically scanned into the PTAS system.
- Bibliographic data concerning the property (ies) and party (ies) involved in the transaction are transcribed from the manually scanned image by the PTO or are entered by the requesting party at the time of submission through EFS, ETAS or EPAS. This bibliographic data is entered into the USPTO Assignment Historical Database. The data submitted is reviewed for completeness and the documents are determined to be recordable or non-recordable.
- The images of the coversheet and the document found recordable are automatically assigned reel and frame numbers by the PTAS and put on searchable media (microfilm and CD-ROM).
- PTAS software then superimposes the assigned reel and frame numbers, the official recordation date stamp and the payment information on the images.
- The PTAS generates a “Notice of Recordation” which is returned to the correspondence address on the cover sheet.
Documents found to be non-recordable are returned to the customer with a “Notice of Non-Recordation” citing the reason for non-recordation.
No. Everything required for the public record is transcribed from the cover sheet.
No. All documents that meet the minimum requirements outlined in 37 CFR 3 are processed and recorded.
The Assignment Recordation Branch in the Public Records Division processes and records assignment documents for both patent and trademark properties.
EPAS is the Electronic Patent Assignment System. Using EPAS, a Patent Assignment Recordation Coversheet may be created and submitted by completing on-line web forms and attaching the supporting legal documentation as TIFF image(s) or a PDF file for submission via the Internet.
ETAS is the Electronic Trademark Assignment System. Using ETAS, a Trademark Assignment Recordation Coversheet may be created and submitted by completing on-line web forms and attaching the supporting legal documentation as TIFF image(s) or a PDF file for submission via the Internet.
EPAS is located at http://epas.uspto.gov
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- Practical Law
New: Deed of assignment
Practical law uk legal update 1-202-1081 (approx. 3 pages).
- The assignor is assigning the whole of the property demised by the lease.
- The property is not subject to any underlease(s).
- Where the assignee is paying a premium to the assignor or the assignor is paying a reverse premium to the assignee.
- Where the assignee gives an express indemnity covenant in respect of the rent and other obligations under the lease and/or in relation to matters contained in title documents affecting the property.
- Where the lease is being held over under the Landlord and Tenant Act 1954 and also where the assignor has commenced renewal proceedings.
- Where one party is paying, or making a contribution to, the legal (and surveyors') costs of the other.
- Considers in greater detail the various general issues affecting assignments of unregistered leases.
- Provides guidance on the legal, and drafting and negotiating, issues raised by each clause.
New Standard document and Drafting note
- Deed of assignment .
- Deed of assignment: drafting note .
- Landlord and Tenant
Property Legal Consultants
Agreement to Sell vs Sale Deed/Assignment Deed – Difference
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Agreement to Sell Meaning –
An Agreement to sell is a document that contains terms and conditions of the sale of a property. It includes token amount detail and the terms and conditions regarding the amount at which the flat to be sold, the time limit for both the parties to complete the sale, and the buyer’s promise to make full payment within a certain time.
Sale Deed/Assignment Deed –
In this document, the ownership/title of the property gets transferred to the buyer.
Benefits of registration of Agreement to Sell–
It obligates the buyer and seller that throughout the sale process they must follow the terms and conditions mentioned in the agreement for sale until the final sale deed gets registered. An agreement for Sale is the base document on which the deed of assignment or sale deed is drafted (Deed of assignment/sale deed is the document prepared at the time of full payment made by the buyer and when the actual transfer of the property takes place).
Stamp Duty and Registration Charges –
In Maharashtra, the Registration Charges are fixed, which are Rs. 30,000/- or 1% of the Transaction Value (whichever is lower).
Stamp Duty gets changed as per the property location, for example – usually, Stamp Duty is less in Rural Areas compared to Corporations.
To check the online Stamp Duty calculator, visit – https://procounsel.in/online-stamp-duty-calculator/
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NON-REGISTRATION OF ASSIGNMENT DEED NOT FATAL TO TRADEMARK RIGHTS OF ASSIGNEE
One of the biggest mistakes you could make in the real estate industry is to buy a property without collecting a deed of assignment property document. You might as well have just given the person the money.
The deed of assignment is a very important document in the real estate sector that proves ownership over the property.
The deed contains crucial details about the real estate transaction that may be relevant in court in case of any issues or problems that may arise.
Without a deed of assignment, you have no valid ownership over a property.
Needless to say, it is a very important document that every property owner must be familiar with.
What Is A Deed Of Assignment?
- Components Of A Deed Of Assignment
Types of interests that can be assigned with a deed of assignment
- What Is The Difference Between A Deed Of Assignment And A Deed Of Conveyance?
- Significance Or Reasons Of A Deed Of Assignment
Frequently Asked Questions
A deed of assignment is a legal document that transfers the ownership rights, title, and interests of a property or other asset from one party to another.
The term is often used interchangeably with the term “deed of conveyance,” as there is only a little difference between both documents.
The deed of assignment is typically used in circumstances where someone wants to transfer the ownership rights of a property to another party, either as a gift or as a sale.
The deed of assignment specifies the property or asset being transferred as well as the parties engaged in the transfer, including their names and addresses.
It also contains details regarding any monetary aspects of the transfer, such as the purchase price and any applicable taxes or fees.
Depending on the regulations of the jurisdiction where the transfer is occurring, the deed of assignment must be signed and dated by both parties in the presence of witnesses or a notary public.
The deed becomes a binding legal instrument after it is signed, transferring ownership of the item from the original owner to the new owner.
A deed of assignment is frequently used in real estate transactions to transfer ownership of a property from a seller to a buyer.
In this situation, the buyer typically pays the seller the purchase price in exchange for transferring ownership rights.
The deed will contain details about the property , the purchase price, and any other relevant terms and conditions of the sale.
Components Of A Deed Of Assignment
For a deed of assignment to be valid, there is certain information that must be present in the paperwork.
The components of a deed of assignment can vary depending on the jurisdiction and the specific requirements of the transaction.
You would need to find out what components should be in the deed for your country or city.
Also read: 10 Must-Have Important Property Document In Nigeria
The following are common elements that are typically included in a deed of assignment:
- Parties involved: The deed will identify the parties involved in the transfer, including the present owner and the new owner. The full legal names and primary addresses of both parties will be listed in the document.
- Description of the property: The deed will contain a detailed description of the property or asset being transferred. Depending on the kind of property, this could include the address, legal description, or other identifying information.
- Transfer of ownership: The terms at which the present owner will transfer ownership of the asset to the new owner will be stated in the deed. It will also be stated that the transfer is final and irrevocable. The deed would also contain the specifics of the transaction if it is a sale. It will contain the purchase price and any other financial considerations involved in the transaction. This may include details about any deposits, down payments, or financing arrangements.
- Signatures and notarization: Both parties must sign and date the deed in the presence of witnesses or a notary public. This makes the transfer enforceable and legally binding.
- Legal warranties and representations: The deed may contain warranties or representations from the current owner about the ownership and condition of the property or asset being transferred. This may include statements about the absence of liens or encumbrances or the condition of the property.
- Governing law: The deed may specify the governing law that applies to the transaction. This helps to ensure that the transfer is conducted in accordance with applicable laws and regulations.
As earlier stated, a deed of assignment is a legal document used to transfer a specific interest or right in a property from one party to another. Several types of interests can be assigned with a deed of assignment, some of which are:
1. Leasehold interests
A leasehold interest is a right to use and live in a property for a specified period in exchange for rent. This kind of property interest is different from freehold ownership, which is the complete and long-term ownership of a piece of property.
A leasehold interest can be transferred through a deed of assignment from one tenant to another or from a tenant to a landlord .
Once the deed is executed and the leasehold interest is transferred to the new tenant, the new tenant will be responsible for fulfilling the terms of the lease, including paying rent and complying with any other conditions or restrictions specified in the lease.
2. Mortgages and other security interests
A mortgage is a loan that is secured by a piece of real estate. When a borrower takes out a mortgage, they use the asset as security for the loan, and the lender takes on a property right in the asset until the debt is fully repaid.
An assignment of mortgage is a procedure that allows a mortgage to be transferred to a different lender. This involves using a deed of assignment to transfer the mortgage’s interest from the lender currently in possession of it (the assignor) to another lender (the assignee).
3. Easements and rights of way
An easement is a right to use a specific portion of another person’s property for a particular purpose, such as a right of way for access to a landlocked property.
This could mean access to use a driveway or pathway that crosses over a neighbor’s property.
A deed of assignment can also be used to transfer an easement or right of way from one party to another.
The deed will specify the nature and extent of the easement being transferred so there are no misunderstandings between the parties involved.
4. Intellectual property rights
Intellectual property rights are legal rights that protect creations of the mind, such as inventions, literary and artistic works, and symbols, names, and designs used in commerce.
Types of intellectual property rights include patents, trademarks, copyrights, and trade secrets.
Also read: Real Estate Logo – Designs, Ideas, & Components
A deed of assignment can also be used to transfer intellectual property rights from one party to another.
Once the deed is executed and any necessary registration or filing requirements are met, the assignee will become the owner of the rights and will have the exclusive right to use, license, or otherwise exploit the intellectual property as they see fit, subject to any limitations or conditions specified in the assignment document.
What Is The Difference Between A Deed Of Assignment And A Deed Of Conveyance?
A deed of assignment and a deed of conveyance are two very important documents that are common in real estate transactions.
They are often mixed up and this is simply because both are legal documents used to transfer ownership of property or assets from one party to another.
A deed of assignment is used to transfer the existing rights to a property from one party to another, such as a leasehold interest, a mortgage, or an easement.
It does not transfer the ownership of the property itself, but rather a specific right or interest related to the property.
On the other hand, a deed of conveyance is used to transfer the ownership of a property from one party to another.
It establishes a new title for the buyer and confirms their ownership of the property.
Some differences between the two documents include:
1. Nature of the transfer
The nature of the transaction being carried out will determine which document is needed. A deed of assignment is typically used to transfer ownership of an existing property or asset from one party to another.
In contrast, a deed of conveyance is used to transfer ownership of a new or unregistered property from the seller to the buyer.
2. Legal effect
A deed of assignment is generally used in situations where the seller has a legal and valid title to the property, and is transferring ownership to the buyer.
The deed of assignment confirms the transfer of ownership and ensures that the seller has no further claim to the property.
In contrast, a deed of conveyance is used to create a new title for the buyer and transfer ownership from the seller to the buyer.
The method by which both documents are registered can also be used to distinguish between the two. A deed of conveyance must be registered with the relevant land registry or a government agency to be valid.
This registration process creates a new title for the buyer and confirms their ownership of the property. While for a deed of assignment, registration may not be required by law but may still be recommended or necessary to protect your interests.
The content of both documents also differs and this can be used to tell them apart from each other. A deed of conveyance typically includes more details about the property being transferred, such as the property’s location , size, boundaries, and any existing encumbrances or restrictions on the property.
A deed of assignment, on the other hand, may focus more on the terms of the transfer, such as the purchase price and the date of transfer.
Significance Or Reasons Of A Deed Of Assignment
It is impossible to overstate the significance of a deed of assignment. The significance of this deed lies in its ability to protect the rights of both the buyer and seller in a transaction.
1. Transfer Of Ownership
The main significance of the deed of assignment is to serve as evidence of the transfer of ownership of a property or asset from one party to another. It is a legal document that establishes the new owner’s right to possess, use, and dispose of the property or asset.
The deed covers both the essential conditions as well as the specific terms that the parties to the transaction have agreed upon.
2. Legal Protection
In the event of any problems or issues over the transfer of property, the deed of assignment gives both parties legal protection.
By signing a deed, both parties acknowledge their understanding of the terms of the transfer and agree to abide by those terms.
3. Proof Of Ownership
For the new owner, a deed of assignment acts as ownership documentation for the new owner. This can be crucial when dealing with financial institutions, insurance providers, or other organizations that typically require proof of ownership before granting loans , insurance coverage, or providing other services.
4. Clear Title
A deed of assignment can help to establish a clear title for the property or asset being transferred. This is important because it can help to prevent any legal disputes or challenges to ownership in the future.
5. Compliance With Legal Requirements
In many jurisdictions, a deed of assignment is required by law to transfer ownership of certain types of property or assets.
By obtaining a deed of assignment, both parties can ensure that they comply with any legal requirements that may apply.
Who Drafts A Deed Of Assignment?
Usually, a deed of assignment is drafted by the assignee’s lawyer. It is generally advisable to have a qualified legal professional draft the document to ensure that it is legally valid and binding.
What Is The Benefit Of A Deed Of Assignment?
The primary benefit of the deed is to protect the rights of ownership. Other benefits of the deed include formality purposes, confirming the validity of ownership, and guaranteeing that the best interests of the parties are properly represented.
In conclusion, a deed of assignment is a very important document in the process of transferring ownership rights in real estate.
It is used to protect the rights of both the buyer and the seller, and to ensure that the transfer is conducted in accordance with applicable laws and regulations.
And as such, it should be safeguarded and treated with the utmost security.
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Tanny --> 12 December 2016
Sale deed versus deed of assignment
While buying a resale property in a co-operative housing society, I have differing opinion on whether a "sale deed" is appropriate of a "deed of assignment" is appropriate. I consulted several people from legal profession and opinion seems to be divided with some saying Sale Deed is mandatory, some saying Deed of Assignment is ok and some even suggesting rather absurdly - "you tell us what you want and we will do that for you".
My question is - I am looking for specific guidance of whether I register my agreement with a Sale Deed or with a Deed of Assignment. Please can you guide.
Ms.Usha Kapoor (CEO) --> 13 December 2016
First draft asale deed and thendraft adeed of Assignment and register both of them.If you appreciate this answer please give me all my profile likes.
Kishor Mehta (CEO) --> 13 December 2016
Kumar Doab (FIN) --> 13 December 2016
Agreed with Mr. Kishore Mehta.
Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) --> 13 December 2016
In real property transactions, a deed of assignment is a legal document that transfers the interest of the owner of that interest to the person to whom it is assigned, the assignee. When ownership is transferred, the deed of assignment shows the new legal owner of the property.
An "absolute sale" deed is defined by having no conditions attached to the sale except the buyer's payment of the purchase price. When the seller signs and delivers the absolute sale deed, this is generally recognized by law as the moment of sale.
Tanny --> 13 December 2016
Thank you for explaining the difference between a Sale Deed and a Deed of Assignment. However could you explain in my case which is the one I would go for?
rajeev sharma (Advocate Ex senior manager law ) --> 13 December 2016
please ask reseller what document the builder has executed in his favi\our .if it is sale deed then dont compromise get sale deed executed in your favour
even the seller has a deed of assignment from his previous purchase. In that case will a sale deed or a deed of assignment be appropriate?
Adv. K.S.A.Narasimha Rao ([email protected] ) --> 13 December 2016
Basing on the rights possessed by your prospective seller, the nominclature of the document depends on.
If your Prospective Seller is having only right of possession in respect of the property, then he can only make a deed of Assignment. But if your Seller is having absolute powers to sell the flat, then you can use nominclature as "Sale Deed".
Kindly clarufy if the deed of assignment be cancelled by assignor.
Aseem Koradia --> 15 December 2016
The name of document is immaterial. The content of the document will remain the same. interpretation will be from the content of the document.
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India: Registration Of A Trademark Assignment: Mere Formality Or A Mandate?
With the advent of technology and newer trends of merchandising and marketing, the protection of an intellectual property of a person has become a dire need of the day. Consequently, the title related to a trademark is also a quintessential of it. This title can be transferred to another person or legal person through assignment, merger, transmission etc.
As per the provisions of the Trademarks Act, any person who is getting a title on any trademark by way of assignment or transmission shall bring himself on records of the Trademarks Registry as the proprietor of the trademark by making an application in the appropriate form with the appropriate fee. Now, the question which arises here is that what will be the status and position of an Assignee who has not made an application for registering himself as the proprietor of the trademark or whose application for such a registration is pending before the Trademarks Registry? While taking actions against third parties for infringement or passing off of its trademark, Should he be allowed to enter into the shoes of the Assignor by virtue of the assignment deed? Or should he be restrained form taking any such actions as he is not the proprietor of the Trademark as per the records of the Registry? The question has been discussed in detail below under various heads-
Procedure Relating To The Registration Of Assignments And Transmissions:-
Assignment of a trademark occurs when the ownership of a mark as such, is transferred from one party to another whether along with or without the goodwill of the business. Assignment agreements pertain to the transfer of intellectual property rights from, the owner of the rights to another person or organization. Assignment is an important aspect of this act, as per the section 2(1) (b) of the Trademarks Act, 1999; assignment has been described as "an assignment in writing by act of parties concerned". Thus this clarifies that for the assignment of trademark, it is necessary for the agreement to be in writing and to be act of an assignor and assignee of their own volition and not a third party.
Further, in case of registered Trademarks, the Trade Mark Act 1999 under section 40 also puts certain restrictions on the assignment of a registered trade mark wherein there exist possibilities of creating confusion in the mind of public/users. Such restrictions are:
- Restriction on assignment that results in the creation of exclusive rights in more than one person with respect to the same goods or services, or for same description of goods or services or such goods or services as associated with each other.
- Restriction on assignment that results in different people using the trademark in different parts of the country simultaneously.
Discretion Provided To The Registrar Under Section 45 (2) Of The Trademarks Act, 1999-
As per section 45 of the Act, an assignment deed needs to be registered in the appropriate form with the Trademarks Registry in order to bring the Assignee as an owner of the trademark on records. The Section runs as follows-
(1) Where a person becomes entitled by assignment or transmission to a registered trade mark he shall apply in the prescribed manner to the Registrar to register his title. And the Registrar shall on receipt of the application and on proof of title to his satisfaction register him as the proprietor of the trade mark in respect of the goods or services in respect of which the assignment or transmission has effect, and shall cause particulars of the assignment or tranmission to be entered on the register. Provided that where the validity of an assignment or transmission is in dispute between the parties, the Registrar may refuse to register the assignment or transmission until the rights of the parties have been determined by a competent court.
(2) Except for the purpose of an application before the Registrar under sub-section (1) or an appeal from an order thereon, or an application under section 57 or an appeal from an order thereon, a document or instrument in respect of which no entry has been made in the register in accordance with sub-section (1), shall not be admitted in evidence by the Registrar or the Appellate Board or any court in proof of title to the trade mark by assignment or transmission unless the Registrar or the Appellate Board or the court, as the case may be, otherwise directs .
As per the provisions of Section 45 and Rule 68 of the Trademarks Act, 1999, an application to register the title of a person who becomes entitled by assignment or transmission shall be made in Form TM-24 or TM-23 as it is made by such person alone or conjointly with the registered proprietor. Further, as per the practices of the Indian Trademarks Office, an affidavit for no legal proceedings pending related with the trademarks which are subject of the merger is also to be filed on behalf of the transferee company. Now, in case of a merger, since a proprietor registered on record is no more in existence and hence an application for change in title shall be filed in the name of the transferee. The Registrar may require statement of case to be verified by an affidavit on form TM 18 and may call upon the person concerned to furnish such proof or additional proof of title as he may require for his satisfaction. On proof of title to his satisfaction, the registrar will register him as a subsequent proprietor of the trade mark in respect of the goods or services and shall cause the particulars of the assignment or the transmission to be entered on the register. Once the trademark is assigned with goodwill, the assignor cannot in the eyes of law have any interest in the trademark assigned and the assignee alone, as a person interested in the trademark assigned, can represent in opposition proceedings as a party to protect its interest.
Position Of A Non-Registered Assignee In India
The law empowers the registrar to refuse to register the assignment or transmission when the validity of an assignment or transmission is in dispute between the parties, until the rights of the parties have been determined by a competent court [section 47 (2)]. The Registrar's refusal to register the assignment or transmission will naturally arise only before the actual change is effected in the register. The assignor or any other person may complain that the assignment is invalid or that it has been procured from him under circumstances entitling him to repudiate that transaction. In such circumstances the registrar cannot be expected to decide upon the validity of the assignment where it is challenged before him.
In Radhakashan Khandelwal vs. Asst. Registrar of Trade Marks 1 - The Delhi high court held that "it is true that the rules do not expressly require a notice to be issued or a hearing to be given to the party adversely affected by the order when an application on form TM 24 is made before the registrar, but there is in eye of law a necessary implication that the party adversely affected should be heard before an order for the removal of his name can be made against him.
Moreover if no entry has been made in the register, the document or instrument will not be admitted in evidence by the registrar or the appellate board or any court except for certain purposes as stipulated. The Registrar, or the concerned Authority as the case may be, has been given a discretion under this section to admit or not admit an assignment deed for which no application under Form TM-24 has not been made as an evidence of title of the assignee. Such a situation usually arises in cases where actions against third parties are involved. Very often the question as to the maintainability of a suit initiated by an unregistered assignee against the third parties has been dealt with by the Courts-
In Cott Beverage Inc., A Georgia ... vs. Silvassa Bottling Company on 7 October, 2003 2 - In this case, section 44 does not create a bar for filing a suit by the assignee whose application is pending disposal for registration. Discretion, however, is vested in the Court under Subclause (2) of Section 44 of the Act, whether to permit the said unregistered document in evidence or not. At the same time, it cannot be said that the procedure of registration of assignment is a mere formality. Section 44 has been incorporated merely as a safeguard by the Legislature in order to avoid the multiplicity of the proceedings and also in order to ensure that the various other laws prevailing in the country are safeguarded while registering the assignment. Thus, the grant of registration of assignment or transmission cannot be said to be a mere formality and on a conjoint reading of the provisions it will be apparent that the Registrar has to be satisfied after going through the application, which has to be filed in the prescribed form giving various particulars. In the present case, non-registration of the assignment will have to be considered as an important factor.
In Shaw Wallace & Co. (supra) 3 case- an application for impleadment of the assignee was under consideration. This court held that till the time the Registrar of Trade Mark, does not record the title in favour of the assignee, the deed of assignment cannot be admitted in evidence. However, the assignee was still impleaded as a party with direction to file the registration as and when accorded by the Registrar.
The above view of the Courts has also been contravened by other Courts. Emphasizing the fact that even if the assignment deed is not registerd with the records of the Trademarks Registry, it, itself is a valid instrument and hence permissible to be taken as an evidence of the assignee's title on the trademark.
IN Mohammad Zumoon Sahib vs. Fathimunnisa 4 , it was held that the " registration of assignment is not a condition precedent to an action for infringement by the assignee and an assignor of registered trademark will not be disentitled to an action on infringement on ground that assignment was not registered." The Madras court held that the law prescribes a procedure for the assignee or the representative to have registration of this title. The fallacy in the argument is that it is this registration by the Registrar under section 35(1) of the act that confers title .The title already exists in the legal representative and on proof of such title to his satisfaction; the registrar registers him as the proprietor of the trade mark. The plaintiff to the suit for infringement, whose name was not entered as subsequent proprietor, was allowed to maintain the suit on proof of prima Facie title to the mark.
Further, in Hindustan Lever Ltd. v. Bombay Soda Factory 5 , it was held that " the plaintiff could not be non suited merely because the change in the name of the registered proprietor had not been effected by the time suit was instituted. Registration of the name of the proprietor does not confer title on him. it is merely an evidence of his title. The plaintiff –company was the owner of the trademark in question at all times ."
In the case of Modi Threads Ltd. v. Som soot Gola Factory and another, 6 it was held that despite non registration of the application the civil suit was maintainable. The court held that it is true that the plaintiff's application for getting transferred and registered trade mark in its name in the office of the registrar is still pending but that does not debar the plantiff to protect the violation of the aforesaid trademark at the hands of unscrupulous persons by filing an action in court of law for injuction.so this is clear prima facie for the court.
Under sub section 2 of section 45 of Trademarks Act, the Registrar or the Competent Authority as the case may be, has been given discretion to admit or refuse to admit an unregistered deed of assignment as a proof of title of the assignee. However, another important thing the courts show that even without registration of assignment, a suit by the assignee is maintainable. If necessary, the suit may be stayed to enable the assignee to register the same. Therefore, it is an obvious fact that after an assignment or merger or transmission as the case may be the assignee has to step into the shoes of the assignor for purposes of any legal proceedings which are pending or indisposed.
Assignment agreements are of considerable importance in IPR since they allow the intellectual property owners to transfer their intellectual property for commercial returns, ensuring intellectual property can be used for monetary gains as well. So issues relating to ownership of IPR must be carefully considered .Though the law provides safeguards, but the slight ambiguity present in the Indian Trademarks Law on this point shall be dealt with by the legislature.
Ayush Vats Intern(Amity law school, Noida) 5 th year(2010-2015)
1 AIR 1969 Delhi 324, ILR 1969 Delhi 1227
2 2004 (29) PTC 679 Bom
3 105 (2003) DLT 586, 2003 (27) PTC 63 Del, 2003 (3) RAJ 224
4 (1960) 1 MLJ 270
5 AIR 1964 Kant 173, AIR 1964 Mys 173, (1964) 1 MysLJ
6 AIR 1992 Delhi 4, 1992 (22) DRJ 24
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Philippine Legal Resources
Philippine Legal Forms and Resources: Affidavit, Deed, Contract, Memorandum
Monday, July 13, 2020
- Deed of Assignment and Transfer of Rights
DEED OF ASSIGNMENT AND TRANSFER OF RIGHTS
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What is a Deed of Assignment?
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Did you just Google what is a deed of assignment is? Fresher law students and students pursuing a program that has no connection to any legal jargon might mistake it for an action that one deliberately performs to achieve nirvana. Yes, it is 'indeed' an action performed intentionally by a person but made legal. To be precise, it is a document of transferring property ownership. Read forth to learn more about it.
A deed is a signed legal document containing all the legal statutes, laws, and agreement clauses for transferring a property or financial assets from previous owners to a new one. Such a document is required to transfer property, tenancies, mortgages, wills, power of attorney, and a partnership agreement.
Did you know that Australia's different states and territories have distinct legislation that entails specific requirements? To execute a deed in Australia, you need to heed the state laws.
For example, suppose a person is selling their property. In that case, the new buyers and the previous owners will sign a deed that contains a detailed list of assets, liabilities and legal monetary exchange. Both parties sign a deed agreeing to the clauses of ownership transfer, and the previous owner holds no.
Who Signs the Deed of Assignment?
Let's move on to the processes in such an agreement process. The deed has to be executed before the concerned parties can sign it; it is a legal process under which both parties discuss and agree/disagree to the clauses and conditions in the agreement and formally accept the final document. When a party formally accepts a document, they have bound the terms of the document.
A deed is considered a valid legal document only when registered under the local court law; the deed has to be notarized and delivered to the new owner. The process of signing a deed is the most important, and both parties have to be present while signing, or a pre-informed stand-in can be there.
There are over 10.6 million residences in Australia, total cost estimated at 1.8 trillion Australian dollars. - Australian Bureau of Statistics
In most cases, the original/previous owner signs the deed to transfer ownership. But in a partnership agreement or a mortgage transfer, both parties must sign the deed of agreement. A physical handwritten signature is required, and an e-generated signature is not valid.
Often, a nominee witnesses the exchange of signatures as part of the legal formalities. Generally, the nominees are not required to sign the deed, but it majorly depends on the legal requirement of the state/country. The nominee signing the document must not be related to either of the parties. A family member, an employee or the representative attorney cannot sign the deed.
Lastly, a real-estate deed takes effect when the deed is delivered to the new owner a physical or a constructive delivery, i.e. handing over the house keys or assets. Constructive delivery is not official or legal transfer, but concerned parties often do it by mutual agreement.
Learn how to acknowledge any source of information using the APA 7th style .
Delivering a deed through electronic mediums is also a feasible option, but both parties must hand over a physical copy of the signed document to the coordinator. The legal coordinator monitors the exchange and helps in legal registration and notarisation.
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What is the Difference Between Transfer and Assignment?
In the previous two sections, we discussed 'what is a deed of assignment?' and the process of signing, executing and delivering a deed. But, let me elaborate on the differences between transferring and assignment of the deed. Both these might be synonyms, yet in legal terminology, assignment means a complete transfer of property or asset ownership from one person to another. In contrast, transfer means appointing an asset or property to another person to control while the ownership belongs to the original owner.
A deed of agreement is the modernized version of a charter, which helps ownership and transfer rights used in ancient Europe.
A deed of assignment and a memorandum of transfer are two distinct documents for respective purposes. Land ownership can be assigned to a new owner through a deed, and a transfer of assets is done through signing a memorandum of transfer. Meanwhile, a licence is a legal document that doesn't permit infringement; the legal governing bodies decide if the assignment can be revoked or if a transfer is possible.
For example, a business or an insurance policy is transferred to a person when the original owner is unavailable to fulfil their duties due to ailment or sudden demise. The original owner assigns the business assets, or insurance policy returns to a new owner through their will (often after the demise) or legal transfer.
Conclusion: What is a Deed of Assignment, and How is it Useful in Real Life?
Legal transfers and assignments are among the most common and extensively exchanged legal transactions. People buy/sell properties every day, and businesses seeking to expand sign legal partnership agreements frequently. It is a very basic yet detailed legal document that many students learn about at high school and later develop their knowledge through university academia.
The most common legal implication of a deed you will ever witness is the legal battle for a property that occurs generally. Many of you must've witnessed it, or one might be currently in action within your extended family. When the property owner passes away without defining a will, then the next generation successors of a business or the potential owners of the property can challenge each other in court.
A deed of partnership is a legal agreement between two business partners when establishing a legal business partnership. It states the shared assets and liabilities, profit/loss ratio and the revenue shares to be distributed among both partners. A business deed of agreement is often signed by two collaborating businesses or when a bigger organization takes over a smaller business.
The exchange process dates back to 6000 BC in the Mesopotamian tribes, known as the barter system.
Lastly, the transfer of insurance policy also requires a deed of agreement; it is signed by the assignor (original policyholder) who wants to share the profits of an insurance policy with an assignee (family member or the new policyholder). Such agreements occur due to the sudden demise of the assignor or some specific conditions.
There are other implications of a deed of agreement, and often it is an oral agreement between two parties that they can legalize in the future. The exchange of assets has been in practice since the barter currency system. The ancient humans had fewer resources, so the chances of getting your money swindled were less, but technological advancement has resulted in various ways of getting conned. A legal document is required to legalize an agreement of assignment under the state court and secure both parties' legal rights.
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