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Design Ownership Agreement Template for Malaysia

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Key Requirements PROMPT example:

Design Ownership Agreement

"I need a Design Ownership Agreement for transferring ownership of my furniture design collection to a Malaysian manufacturing company, with the transfer to be completed by March 2025 and including provisions for future design modifications."

Document background
The Design Ownership Agreement is essential in Malaysian commercial transactions involving the transfer of design rights. This document is typically used when a company or individual wishes to acquire complete ownership of a design, whether for manufacturing, commercialization, or further development purposes. The agreement must comply with Malaysian intellectual property law, particularly the Industrial Designs Act 1996 and Copyright Act 1987. It includes crucial details about the design specifications, ownership transfer terms, payment arrangements, and warranties about the design's originality. The document is particularly important in protecting both the assignor's and assignee's interests while ensuring a clear and legally binding transfer of all design rights.
Suggested Sections

1. Parties: Identification of all parties to the agreement including full legal names and addresses

2. Background: Context of the agreement, relationship between parties, and purpose of the design ownership transfer

3. Definitions: Detailed definitions of key terms used throughout the agreement including 'Design', 'Intellectual Property Rights', 'Documentation'

4. Subject Matter: Detailed description of the design(s) being transferred or assigned

5. Assignment of Rights: Express terms of transfer of ownership and all associated rights

6. Consideration: Details of payment or other consideration for the transfer of design ownership

7. Warranties and Representations: Warranties regarding ownership, originality, and non-infringement of the design

8. Delivery of Materials: Requirements for transferring all design materials, documentation, and related assets

9. Confidentiality: Obligations regarding confidential information related to the design

10. Further Assurance: Obligations to execute additional documents or take further actions if needed

11. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes

12. General Provisions: Standard boilerplate clauses including notices, entire agreement, and severability

Optional Sections

1. Registration and Maintenance: Used when the design is or will be registered with the Malaysian IP Office, including obligations regarding maintenance fees

2. Royalties: Include when there is an ongoing royalty payment structure rather than a one-time payment

3. Moral Rights: Required when the designer retains or waives moral rights to the design

4. Third Party Rights: Include when there are any third-party licenses or rights that affect the design

5. Future Developments: Used when the design may be modified or developed further

6. Competition Restrictions: Include when there are restrictions on competing designs or activities

7. Tax Provisions: Required when there are specific tax implications that need to be addressed

Suggested Schedules

1. Schedule 1 - Design Specifications: Detailed technical specifications, drawings, and visual representations of the design

2. Schedule 2 - Design Registration Details: If registered, all registration numbers and certificates

3. Schedule 3 - Payment Terms: Detailed breakdown of payment structure, including any installments or royalties

4. Schedule 4 - Related Intellectual Property: List of any related IP rights, such as patents or trademarks

5. Appendix A - Design Materials: Inventory of all physical and digital materials being transferred

6. Appendix B - Previous Agreements: Copies or details of any previous agreements 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

Industrial Design

Fashion and Apparel

Technology and Electronics

Furniture and Home Goods

Automotive

Consumer Products

Packaging

Jewelry and Accessories

Architecture and Interior Design

Product Development

Creative Industries

Relevant Teams

Legal

Intellectual Property

Design

Product Development

Research and Development

Innovation

Manufacturing

Compliance

Commercial

Corporate Strategy

Relevant Roles

Legal Counsel

Intellectual Property Lawyer

Design Director

Product Development Manager

Industrial Designer

Creative Director

Contract Manager

IP Rights Manager

Design Protection Specialist

Business Development Manager

Innovation Manager

Chief Design Officer

Manufacturing Director

Research and Development Director

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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