Confidentiality Agreement Between Designer Overseas Manufacture

[Gildi]

I am starting a clothing line and having my garments made overseas. I know the importance of selecting a quality manufacture, but what I would like to know is how to go about building a legal confidentiality form for my manufactures to abide by, and also protecting my designs, samples and all other materials I submit to them.

ANSWER: Hello Harold.

How your protect yourself in terms of intellectual property depends on where you are having your products made.

First and foremost you need to draw up a detailed NDA(Non Disclosure Agreement).  This document should outline that your designs, samples, materials, products and ideas are your sole property and that the manufacturer would face legal action if they breach the agreement.

If you can tell me what country I can maybe help more.

Best,

Michael

---------- FOLLOW-UP ----------

Thanks for the information it was very helpful - I will be manufacturing in China(Hong Kong/ Macau) I would like to have a NDA in place to protect all my designs, materials, samples, ideas, prototype etc, and also when the manufacturing is done overseas I would like all materials returned back - this shall include samples, drafting patterns etc. I would like to type one out myself and take it to a Notary - or would you advise on having a lawyer draft one up.

[Haraford]

Hi Harold.  You do not need a lawyer to draft it.  There are plenty of ready made NDA's that you can find on the internet and revise to suit your purposes.

The truth though is that in China, that NDA is not worth very much unless you are working with a really first class manufacturer.

Finding the right partner will protect you more than an NDA.  What WILL protect you in the US or any other market you are selling in is to get a patent, if needed for your type of product.

It also helps to have a trusted team on the ground in China looking out for your interests on a daily basis.

Intellectual property rights in China are still not a priority item.  Spell out in your agreement that you want everything back, but that won't stop them from making copies.

Best,

Michael