First of all, we want to make it clear that our client has the forms, period. The overseas plant (whether in Taiwan, Thailand, Mexico, Spain, Poland, China or elsewhere) can use the moulds only for the manufacture of our customer`s product and not for the manufacture of products for other parts. Secondly, we clearly want our customer, if he decides to relocate his production to another plant, to have the right to take his forms and transport them to the new production site. Negotiating these conditions is usually quite difficult, as the manufacturer has a strong incentive to keep forms “hostage” in order to prevent their foreign buyer from moving his production to a new factory. The only way to succeed is through a self-contained formal ownership agreement or formal ownership provisions that are inserted into a written agreement for manufacturing or product development. Product ownership agreement. This is a basic agreement that clearly states that the product you are developing in collaboration with your Chinese manufacturer or that you have manufactured by your Chinese manufacturer is yours. Without this agreement, there is a good chance that your Chinese manufacturer will be able to benefit from the IP rights to your product and that it will even be able to register a utility or design in your product in China and in the countries where you sell or sell your product. In the absence of this written and legally enforceable concession from your manufacturer, your manufacturer will be able to obtain all possible legal rights (in China and elsewhere) on what you thought was your product. See China and the Internet of Things and how to destroy your own business. Often this agreement is not necessary, as it is generally more appropriate to include its material provisions in a product development agreement or product manufacturing agreement. Product development agreements. These are complex agreements that clarify your product development relationship with your Chinese manufacturer, including who owns what of the finished product and who will pay for what they put to the final stage.

These agreements clearly show what you will pay for product development costs and define the different milestones that your Chinese product manufacturer must meet to be paid.

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