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Design Ownership Agreement

Design Ownership Agreement Template for New Zealand

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Key Requirements PROMPT example:

Design Ownership Agreement

"I need a Design Ownership Agreement for transferring ownership of a new product packaging design from our freelance designer to our company, including rights for future modifications and portfolio usage rights, with the transfer to be completed by March 2025."

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Document background
The Design Ownership Agreement is a crucial legal instrument used in New Zealand business transactions where design assets need to be transferred from one party to another. This document is essential when companies or individuals want to acquire complete ownership of design works, whether they are graphic designs, industrial designs, product designs, or digital assets. The agreement ensures compliance with New Zealand's legal framework, particularly the Designs Act 1953, Copyright Act 1994, and Contract and Commercial Law Act 2017. It's commonly used in scenarios where businesses commission designs and require full ownership rights, or when companies acquire design assets as part of larger business transactions. The document typically includes detailed specifications of the designs being transferred, payment terms, warranties about originality, and provisions for future modifications or usage rights.
Suggested Sections

1. Parties: Identifies and provides full details of all parties to the agreement

2. Background: Outlines the context of the agreement, including the purpose of the design creation and the intended transfer of ownership

3. Definitions: Defines key terms used throughout the agreement, including 'Design', 'Intellectual Property Rights', and other relevant terms

4. Scope of Design: Clearly identifies and describes the design(s) covered by the agreement

5. Ownership Rights: Specifies the transfer of ownership, including all intellectual property rights and moral rights

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

7. Warranties and Representations: Warranties regarding design originality, non-infringement, and authority to transfer

8. Delivery and Acceptance: Specifies the format, timing, and process for delivering the design and confirming acceptance

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

10. General Provisions: Standard contract terms including governing law, dispute resolution, and entire agreement clause

Optional Sections

1. Future Modifications: Terms regarding rights and processes for future design modifications - include when ongoing design evolution is anticipated

2. License Back: Terms for original designer to continue using the design in specific ways - include when designer needs ongoing usage rights

3. Portfolio Rights: Rights for designer to include work in their portfolio - include for professional designers

4. Moral Rights: Specific handling of moral rights retention or waiver - include when dealing with artistic designs

5. Third Party Rights: Provisions regarding third-party components or requirements - include when design incorporates third-party elements

6. Design Registration: Obligations regarding design registration and maintenance - include for registrable designs

7. Quality Control: Standards for design implementation - include when brand reputation is crucial

8. Transition Services: Terms for designer's assistance during ownership transition - include for complex designs requiring handover

Suggested Schedules

1. Design Specifications: Detailed technical specifications, drawings, or visual representations of the design

2. Acceptance Criteria: Specific criteria for accepting the final design

3. Payment Schedule: Detailed breakdown of payment terms and milestones

4. Existing IP: List of any existing intellectual property incorporated into the design

5. Design Guidelines: Technical or brand guidelines applicable to the design

6. Required Deliverables: List of all files, documents, and materials to be delivered

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions






























Clauses






























Relevant Industries

Technology

Fashion and Apparel

Industrial Design

Product Manufacturing

Graphic Design

Interior Design

Software Development

Automotive

Consumer Goods

Electronics

Architectural Services

Retail

Advertising and Marketing

Entertainment

Digital Media

Relevant Teams

Legal

Design

Product Development

Creative Services

Intellectual Property

Procurement

Innovation

Commercial

Brand Management

Research and Development

Relevant Roles

Legal Counsel

Design Director

Product Manager

Creative Director

Intellectual Property Manager

Contract Manager

Chief Design Officer

Industrial Designer

Graphic Designer

Product Development Manager

Innovation Director

Design Project Manager

Commercial Manager

Brand Manager

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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