Why do I need a design contract or licensing agreement?
Design rights give owners the freedom to commercially exploit the designed product for 10 years. With a professional set of written design agreements in place, this period can be used to maximise commercial results.Actuate IP’s design lawyers can provide you with a well-drafted commercial agreement in plain English that clearly identifies the respective rights of all contracting parties. Importantly, these agreements are designed to promote a positive relationship between the parties and, in the unwanted event that a dispute arises, will pre-empt possible ‘worst case’ scenarios so your rights are protected.
Design licence agreements
A design licence agreement is the most common type of arrangement a design holder can use to commercialise their design. A comprehensive design licence agreement sets out the rights and responsibilities of each party from the onset and provides contingencies in the unwanted event of a breakdown in the relationship between parties. Unclear contracts, or purely verbal agreements, can promote later disagreement and result in unnecessary legal costs and damage.
Clearly documented design license agreements are a recommended investment as they provide your business with security, avoid potential legal complications and maximise your commercial return from business transactions.
Non-disclosure and confidentiality agreements are also commonly used by design holders. Before applying for registration, a design holder may wish to disclose their design to others to determine its commercial viability. As a design must be ‘new and distinctive’ before it can be registered, a non-disclosure agreement ensures that any person with whom you discuss your design must keep its details confidential from third parties. Confidentiality agreements also protect other types of information that would not be protected even if a design application had been filed. For example, it can protect commercially sensitive business plans and marketing strategies that you might disclose to a prospective interested party. For this reason, we often recommend that you have a confidentiality agreement in place, even if you have already filed your design application.
How can Actuate IP assist?
Actuate IP is experienced in drawing up a range of design-related agreements, contracts, documentation and services including:- transfer/assignment of design rights
- design licensing (exclusive and non-exclusive)
- research and development agreements
- manufacture and distribution agreements
- supplier agreements
- marketing agreements
- support and maintenance agreements
- contractor and consultancy agreements
- related confidentiality agreements
- advice on proposed product design agreements
- negotiating product design agreements on your behalf.