Molds are visible objects, so how should the ownership of intellectual property rights be defined? Whoever develops it belongs to? Or whoever invests belongs to? Unclear definitions of intellectual property rights often occur in transactions with suppliers, or mistakes that are taken for granted.

In the contract and agreement, it is necessary to clarify the ownership of intangible intellectual property rights and tangible molds. The important point of concern is that it is not who pays the money. Intellectual property rights or molds must belong to whom, and it is not a cooperative development that requires intellectual property rights or molds. It must be shared by both parties, and it is not necessarily the one who develops and owns the intellectual property rights. It is necessary to add provisions to the contract text. For example, in the negotiation of the same strong supplier for customized products, the supplier’s conditions are , The one-time development cost is fully paid by the other party, and the intellectual property rights and physical molds belong to the supplier, and the supplier has the right to sell products to a third party without the other party’s consent. The minimum order quantity for the first year must be greater than 100,000.

　　 From this, it can be seen that molds and intellectual property rights are negotiated and there is no standard model that can be applied.

　　Analysis of the attribution of intellectual property rights:

　　According to the Patent Law

Article 8: For an invention-creation completed by two or more entities or individuals, or an invention-creation completed by an entity or individual entrusted by another entity or individual, unless otherwise agreed, the right to apply for a patent belongs to the entity that completed or jointly completed or Individual: After the application is approved, the unit or individual applying for is the patentee.

　　 Therefore, your organization is an invention-creation entrusted by another organization. If the contract does not stipulate, the right to apply for a patent belongs to the completed organization (that is, your organization); after the application is approved, the applying organization is the patentee.

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