communicate with the applicant to verify the correct address and may annotate space 3 with the correct information.
1212.3(C) More Than One Current Owner in Space 3
More than one owner may be identified in space 3, but the information must be clear and complete. If the names are not clearly separated or are otherwise incomplete, the registration specialist will communicate with the applicant to ascertain the correct information and, if the information is illegible, will ask the applicant to complete a new Form MW and Form MW/CON.
1212.4 Space 4: Citizenship or Domicile of Current Owner(s)
The nation of citizenship or domicile of the current ownerfs] provided in space 4 establishes eligibility only if the mask work has not been commercially exploited. If the applicant states that the mask work has been commercially exploited, space 6 or space 7 will determine whether eligibility has been established. For more information on eligibility, see Section 1204.4 above.
1212.5 Space 5: Derivation of Ownership
Space 5 provides three boxes, "a"( )," and "b ( )," and "c( )." This space should
be completed as follows, depending on the ownership status of the applicant:
• The applicant should check box "a" if the owner is the employer of a person who created the mask work within the scope of his or her employment.
• The applicant should check box "b" if the owner acquired the rights by transfer from the creator, employer or legal representative.
• The applicant should check box "c" if the owner is the legal representative of the deceased or legally incapacitated creator.
1212.5(A) Neither Box "a" Nor "b" Is Checked
It is acceptable to leave space 5 blank only if the current owner is a living individual who created the mask work, i.e., not a legal entity or deceased person. If the owner acquired ownership as the employer of the creator or by transfer from the original owner, the applicant must check box "a" and/or box "b."
1212.5(B) Both Boxes "a" and "b" Are Checked
Both boxes "a" and "b" may be correctly checked if the owner acquired the rights to the mask work by transfer (box "b"] and then modified the work (box "a"), or if the owner developed the mask work in association with another entity and the other entity transferred its rights to the owner identified in the application.
1212.5(C) Acquisition of Rights by Transfer (Box "b")
Box "b" should be checked if ownership was obtained by a written transfer. To be effective, a transfer of a mask work must be by a written instrument that has been
Chapter 1200 : 15
12/22/2014
