Negotiating manufacturing cooperation often requires the disclosure of confidential information to the other party, which could also cooperate with your competitors. Prior to the disclosure of confidential information, parties should execute a written confidentiality agreement prohibiting the disclosure of confidential information to third parties or the use of confidential information for purposes other than the intended purpose. If the parties do not enter into a separate confidentiality agreement, appropriate confidentiality provisions should be included in the agreement to conclude the contract. Bethany A. Stokes is associated with Greenberg Triste. Stokes advises clients on all aspects of intellectual property acquisition and enforcement, including national and international trademarks and copyrights. It also focuses on technology licensing, including licensing and development, joint ventures, cooperation and other IP-related agreements. Your agreement should define how the manufacturer can use intellectual property. For example, specifying that they must meet reasonable requirements as to how they can use the material and take appropriate measures to prevent the violation of your intellectual property rights. During the manufacturing process, you will most likely provide your manufacturer with detailed specifications, trade secrets, intellectual property and other information that you do not wish to resell or use inappropriately. Your manufacturing agreement should comprehensively describe all intellectual property and confidential information issues. Occasionally, unforeseen circumstances (installation capacity, machine failures, delivery delays, natural disasters or other events) mean that the contract manufacturer is not able to provide the requested quantity within a reasonable time.
In these cases, the custom manufacturing agreement should make it clear that the OEM has the right to find a replacement supplier and that it is able to use the structures and forms of the original wage manufacturer. Constructions and forms may be held by a third fiduciary, but the parties must be assured of clearly defining the triggering events to release the trust documents. Lawyer Andreas Baltatzis is a director at KramerAmado PC, a KramerAmado PC law firm specializing in intellectual property. It represents a number of innovative dietary supplements and nutraceutical businesses that improve people`s lives every day. Baltatzis also helps companies prepare and implement IP strategies by obtaining patents and brands that protect their innovations and cash flow, as well as helping customers successfully launch new products and brands. You may also want to consider applying to register your design or patent on IP Australia. This is the best place where you can protect your intellectual property before it is disclosed or granted to the manufacturer. Successful collaborations between medical device manufacturers and contract manufacturers are crucial to Medtech`s development, but they can backfire without well-thought-out written agreements that protect their rights. Although a standard provision is included in an agreement, the allocation clauses should not be overlooked. The current wave of consolidation of labour-based production requires increased attention to these provisions. If a contract can be automatically surrendered without authorization, the parties may cooperate with competitors or other parties that did not originally intend to do so. Contracting parties should consider whether contracting agreements should be automatically surrendered in the event of a merger, acquisition or change of control, or whether prior written consent is required.
Manufacturing products by third parties can reduce costs and allow a company to focus on selling or developing new products. JMW Solicitors can provide you with specialized advice to ensure that your manufacturing contracts offer the level of clarity and legal protection