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Design Ownership Agreement Template for India

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Key Requirements PROMPT example:

Design Ownership Agreement

"I need a Design Ownership Agreement for transferring rights of a furniture design collection from my design studio to a major manufacturer, with provisions for phased payment and ongoing consultation rights through March 2025."

Document background
The Design Ownership Agreement is a crucial legal instrument used in India when transferring complete ownership rights of a design from its creator to another party. This document is essential when companies or individuals wish to acquire full control over design assets, whether for manufacturing, commercial exploitation, or further development. The agreement operates under Indian law, particularly the Designs Act, 2000, and related legislation, making it suitable for both registered and unregistered designs. It typically includes comprehensive provisions for ownership transfer, usage rights, warranties, and protection mechanisms. The document is particularly vital in scenarios involving product designs, industrial designs, or artistic works where clear ownership establishment is crucial for business operations and intellectual property protection.
Suggested Sections

1. Parties: Details of the designer/owner (transferor) and the recipient/purchaser (transferee)

2. Background: Context of the design creation and purpose of the agreement

3. Definitions: Key terms including 'Design', 'Intellectual Property Rights', 'Deliverables', and other relevant definitions

4. Design Ownership and Rights: Clear statement of current ownership and transfer of rights

5. Scope of Transfer: Specific rights being transferred, including reproduction, modification, and commercialization rights

6. Consideration: Payment terms and conditions for the transfer of design rights

7. Warranties and Representations: Designer's warranties regarding originality, non-infringement, and authority to transfer

8. Intellectual Property Protection: Obligations regarding design registration and protection of rights

9. Confidentiality: Obligations to maintain confidentiality of design details and related information

10. Indemnification: Protection against third-party claims and infringement issues

11. Term and Termination: Duration of agreement and circumstances for termination

12. Governing Law and Jurisdiction: Applicable law and courts for dispute resolution

13. General Provisions: Standard clauses including notices, amendments, and severability

Optional Sections

1. Moral Rights: Specific handling of moral rights where the designer retains attribution rights

2. Future Modifications: Rights and procedures for making future modifications to the design

3. Multiple Designers: Additional provisions when multiple designers are involved

4. Phased Transfer: Structure for transferring rights in phases or stages

5. Registration Assistance: Designer's obligations to assist with design registration process

6. Non-Compete: Restrictions on designer creating similar designs for competitors

7. Training and Documentation: Requirements for providing design documentation and training

8. Quality Control: Standards for maintaining design quality in implementation

Suggested Schedules

1. Schedule A - Design Specifications: Detailed description of the design(s) being transferred, including technical specifications, drawings, and unique features

2. Schedule B - Payment Terms: Detailed breakdown of payment structure, including installments and conditions

3. Schedule C - Existing IP Rights: List of any existing registrations, applications, or rights related to the design

4. Schedule D - Delivery Requirements: Specifications for format, quality, and timeline of design deliverables

5. Appendix 1 - Design Documentation: Technical documentation, user manuals, and implementation guidelines

6. Appendix 2 - Prior Rights: Documentation of any pre-existing rights or licenses affecting the design

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



































Clauses






























Relevant Industries

Manufacturing

Fashion and Apparel

Technology

Industrial Design

Architecture

Consumer Products

Automotive

Software Development

Electronics

Furniture and Home Goods

Jewelry and Accessories

Packaging

Textile

Educational Resources

Relevant Teams

Legal

Design

Product Development

Research and Development

Intellectual Property

Innovation

Procurement

Business Development

Engineering

Creative Services

Contract Management

Relevant Roles

Design Director

Industrial Designer

Product Manager

Intellectual Property Lawyer

Legal Counsel

Chief Design Officer

Creative Director

Product Development Manager

Research and Development Director

Innovation Manager

Contract Manager

Business Development Executive

Chief Technology Officer

Design Engineer

Procurement Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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