For companies engaging in Original Design Manufacturing (ODM), a critical and often complex question arises: who handles the intellectual property (IP) of the final design? The straightforward answer is that IP ownership is not automatically assigned; it is primarily determined by the specific contractual agreement between the client (the brand) and the ODM manufacturer. In a typical ODM model, the manufacturer provides both the design and the production capabilities. Therefore, without a written contract explicitly transferring rights, the ODM supplier usually retains the intellectual property of the pre-existing designs and platforms they offer. However, for customizations, modifications, or new designs developed specifically for and funded by the client, the IP of those final, unique design elements can be negotiated to belong to the client. The cornerstone of resolving this is a meticulously drafted ODM agreement. This contract must clearly delineate the background IP (pre-existing IP from both parties) and the foreground IP (IP arising from the project). It should specify ownership, licensing terms, confidentiality, and the handling of jointly developed features. To secure your rights, it is imperative to address IP ownership before commencing the project. Invest in clear legal contracts, conduct proper due diligence on the ODM partner, and explicitly define the scope of the delivered design and all associated intellectual property rights to avoid costly disputes and ensure your innovation is protected.