If we go the ODM route, who owns the design rights for the new outdoor furniture piece we develop together?

2026-02-07 Visits: Abstract: Understand who owns the design rights in ODM outdoor furniture projects. This guide clarifies intellectual property ownership, contracts, and how to protect your designs when collaborating with manufacturers.

If you are considering the ODM (Original Design Manufacturing) route for developing a new piece of outdoor furniture, a critical question arises: who ultimately owns the design rights? The answer is not automatic and depends entirely on the specific agreement negotiated between you (the client or brand) and the ODM manufacturer. Typically, in a pure ODM model, the manufacturer provides both the design and the manufacturing capabilities. In this scenario, the manufacturer often retains the underlying intellectual property (IP) and design rights for the product. You, as the client, are usually purchasing the finished product or licensing the design for exclusive or non-exclusive distribution in certain markets.

However, the process is frequently collaborative. You might provide detailed concepts, functional requirements, and market insights that significantly shape the final design. This blurring of lines makes a formal, written agreement indispensable. A well-drafted ODM contract must explicitly state the ownership of all design files, patents, copyrights, and other IP generated during the project. You can negotiate to own the joint output, or secure an exclusive, perpetual, and worldwide license to use the design. Without a clear contract, disputes can arise later, potentially leaving you without the rights to modify the design or work with another factory. To secure your investment, always prioritize clarifying and documenting IP ownership before any development work begins. This ensures your new outdoor furniture piece becomes a truly valuable asset for your brand.

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