The custom manufacturing plants have discovered all of this, making it more difficult to protect forms. To determine what should be taken into account in our clients` formal contractual arrangements, our international manufacturing lawyers can no longer focus solely on the possession of forms; We also need to focus on intellectual property ownership in forms. New mold and IP problems often appear in two parameters: (a) third-party mold plants and (b) destocking plants themselves. Although the loss of its own forms through a foreign mold factory represents a huge risk, few foreign designers are aware of this risk let alone know what to put in their contracts to avoid this deliberate leakage. The foreign designer rarely knows the identity of his trainer. Most of the time, they think it is the factory that will make their product. All this leaves a gigantic hole in their IP protection, which can and should be concluded with a relatively simple set of contracts. One of the best ways to prevent or slow down your Chinese manufacturer from competing with you is by legally preventing it from using your molds for anything other than making products for you. There are many ways to achieve this, but the best way is usually with a relatively simple mold ownership contract that clearly shows that the shapes belong to you and your manufacturer can`t use them for anything other than making a unique product for you yet. It can cling to them as soon as you look for their return. For more information on the benefits of protecting your shapes (and tools) against China, click Production in China: Control your forms Protecting the shapes/tools of our customers, both in China and outside China, is one of the main objectives of our international manufacturing lawyers: to design a contract between our client and the foreign manufacturer, which specifies that our client (foreign buyer) owns the physical forms/tools. To do this, we focus on two themes in the development of provisions for forms/tools that are part of a broader contract (. For example, a manufacturing agreement or product development agreement) or that are essentially solely under a type/tooling contract.
Second, we want to make sure that our client has all the IP addresses that are inherent in the forms. For some products, the form embodied in the form is indeed the overall value of the product. Take, for example, a complex part that is used to make a turbine or a jet engine. Once all the tests and constructions are completed, there is only one piece left, made by casting in one or more forms. In this situation, the forms embody the whole of intellectual property in this part and so the party that owns or controls the intellectual property in the forms essentially controls the product.