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Is a Drawing (Print) Customer Intellectual Property?

P

pangchiaboon

#1
Dear Sirs,

Our customer provides uncontrolled drawing for every PO, or just refer the drawing no. and revision in the PO for those drawings that we have been received before. Our customer also never request to return outdated / obsolete drawing to be sent back to them.

In this case, do you think the drawing is customer intellectual property?
Thank you.
 
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harry

Super Moderator
#2
Re: Is drawing a customer intellectual property?

The need to 'return' is not a determinant in this case. It is still their 'intellectual' property - you've to take care to prevent it from landing into the hands of wrong people or parties.
 

Manix

Get Involved!!!
Trusted Information Resource
#3
Re: Is drawing a customer intellectual property?

I would treat anything your customer sends you as intellectual property unless you are 100% sure it is in the public domain. I would never treat a drawing from anyone in any other way.
 

somashekar

Staff member
Super Moderator
#4
Re: Is drawing a customer intellectual property?

Dear Sirs,

Our customer provides uncontrolled drawing for every PO, or just refer the drawing no. and revision in the PO for those drawings that we have been received before. Our customer also never request to return outdated / obsolete drawing to be sent back to them.

In this case, do you think the drawing is customer intellectual property?
Thank you.
I would say it is customer property and whether it is intellectual property or not must be confirmed by you back with your customer.
 
T

The Specialist

#6
Re: Is drawing a customer intellectual property?

Agree with other posters on this...

Drawings are key specification documents and would form part of their patent.
 

somashekar

Staff member
Super Moderator
#7
Re: Is drawing a customer intellectual property?

Without getting into big discussions, what I feel is that, it is the customer who has to decide and say if a drawing he provides is his intellectual property or just a property. Intellectual property comes from some intense research and innovation, and if the same is indeed to be termed as intellectual, then a set of exclusive rights are recognized and by the corresponding fields of law under intellectual property law, its owners are granted certain exclusive rights to such variety of intangible assets.
Hence a drawing., say for a fabrication of a structure, or drawing of a packaging box just does not become intellectual property. though it is customer property.
If a customer indeed has some IP to share to supplier, these are done through exclusive NDA (Non Disclosure Agreements) and listing such of those property that the customer classifies as intellectual, and specifies type of its protection and handling.
So just a part drawing, a specification sheet etc., is not an intellectual property of a customer while it remains a customer property.
 
V

VBABU

#8
Re: Is drawing a customer intellectual property?

I agree customer Drawings are customer's property and also "intellectual property" but I need some example of procedure for our Reference ...
 

Wes Bucey

Prophet of Profit
#9
Re: Is drawing a customer intellectual property?

I agree customer Drawings are customer's property and also "intellectual property" but I need some example of procedure for our Reference ...
The distinction between "intellectual property" and "customer's property" is immaterial in the process the supplier uses in dealing with either. The duty is to safeguard them from harm or "misuse." "Misuse" is an encompassing term which includes, but isn't limited to, NOT

  1. giving/selling originals or copies to outsiders without written permission from the customer;
  2. using obsolete ones after new ones are issued
  3. using them to make products for others
Most well-run organizations include disposition of customer materials (including drawings) in Contract Review by agreeing with the customer on what shall be done with them during and after the contract.
 
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