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Design Ownership Agreement Template for Germany

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Key Requirements PROMPT example:

Design Ownership Agreement

"I need a Design Ownership Agreement to transfer all rights for my furniture design collection from my personal ownership to my company, with the transfer to be completed by March 2025."

Document background
The Design Ownership Agreement is essential when transferring complete ownership rights of industrial designs or aesthetic creations in Germany. This document is typically used in scenarios involving the sale of design rights, corporate acquisitions, or resolution of ownership disputes. The agreement must comply with German design law (Designgesetz) and related intellectual property regulations, making it particularly important to include specific provisions required under German law. The Design Ownership Agreement covers crucial elements such as the precise identification of the design(s), transfer terms, warranties of ownership and non-infringement, and registration requirements. It's commonly used in commercial transactions where clear documentation of design rights transfer is necessary, such as company acquisitions, designer-client relationships, or employee-employer design rights transfers.
Suggested Sections

1. Parties: Identification of the parties entering into the agreement (designer/current owner and purchaser/new owner)

2. Background: Context of the agreement, including the creation/current ownership of the design and purpose of the transfer

3. Definitions: Key terms used throughout the agreement, including 'Design', 'Design Rights', 'Intellectual Property Rights', etc.

4. Subject Matter of Agreement: Detailed description of the design(s) being transferred and their current protection status

5. Transfer of Ownership: Express provisions for the transfer of all rights, title, and interest in the design

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

7. Representations and Warranties: Statements regarding ownership, originality, non-infringement, and right to transfer

8. Delivery and Documentation: Requirements for transferring design files, documentation, and registration certificates

9. Cooperation: Obligations to assist in recording the transfer and future proceedings

10. Confidentiality: Provisions for maintaining confidentiality of design-related information

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

Optional Sections

1. Moral Rights: Provisions regarding moral rights retention or waiver, particularly relevant for designs with artistic elements

2. Future Modifications: Rights and restrictions regarding future modifications to the design, used when relevant to the business arrangement

3. Previous Licenses: Handling of existing licenses or permissions, needed if the design was previously licensed to third parties

4. Tax Provisions: Specific tax-related provisions for high-value transfers or international transactions

5. Employment Context: Additional provisions when the design was created in an employment context

6. Further Assurance: Commitment to execute additional documents or take further actions, useful for complex transfers

7. Survival: Provisions that continue after transfer, important for ongoing obligations

Suggested Schedules

1. Schedule 1 - Design Specifications: Detailed technical specifications and visual representations of the design(s)

2. Schedule 2 - Existing Registrations: List of all design registrations and applications in various jurisdictions

3. Schedule 3 - Payment Schedule: Detailed payment terms and installments if applicable

4. Appendix A - Design Documentation: Technical drawings, renderings, and other design documentation

5. Appendix B - Prior Licenses: Details of any existing licenses or agreements affecting the design

6. Appendix C - Transfer Forms: Official forms required for recording the transfer with relevant design offices

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 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

Industrial Design

Fashion and Apparel

Consumer Products

Automotive

Technology and Electronics

Furniture and Home Goods

Packaging Design

Jewelry and Accessories

Architecture and Interior Design

Medical Devices

Sporting Goods

Toys and Games

Relevant Teams

Legal

Design

Product Development

Intellectual Property

Innovation

Research and Development

Corporate Development

Compliance

Operations

Engineering

Relevant Roles

Industrial Designer

Design Director

Legal Counsel

Intellectual Property Attorney

Product Development Manager

Design Rights Manager

Innovation Director

Creative Director

Chief Design Officer

Design Engineer

Contract Manager

IP Portfolio Manager

Corporate Counsel

Design Protection Specialist

Product 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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