In contracts and agreements, to clarify the ownership of intangible intellectual property rights and tangible molds, it is important to note that it is not who pays, nor is it necessarily that intellectual property rights or molds must belong to both parties, nor is it necessarily who develops and owns intellectual property rights. It is necessary to add clauses to the contract text. For example, in the negotiation of customized products with a powerful supplier, the supplier puts forward the condition that the one-time development cost is completely paid by the other party, the intellectual property rights and physical molds are owned by the supplier, and the supplier has the right to sell the products to a third party without the consent of the other party. The minimum order quantity in the first year must be greater than 654.38+ million.
It can be seen that there is no standard model to discuss molds and intellectual property rights.
Ownership analysis of intellectual property rights;
According to the Patent Law of People's Republic of China (PRC)
Article 8. Unless otherwise agreed, the right to apply for a patent belongs to an invention-creation completed in cooperation with two or more units or individuals, or an invention-creation entrusted by other units or individuals. After the application is approved, the applicant unit or individual shall be the patentee.
So your unit is an invention entrusted by other units. If there is no agreement in the contract, the patent application right belongs to the completing unit (that is, your unit); After the application is approved, the applicant is the patentee.