Attire Accessories - Mar/Apr 2019 (Issue 75)
ACID W: acid.uk.com the designs. • An exclusive licence means that the person granted the licence could take action to stop anyone else using the designs. Make a list of all designs to be included. This avoids any doubt as to which designs are covered. At the same time, clarify whether future designs are included. Copying – who takes action, and who pays the legal fees? Always ensure that the licence clarifies whose responsibility it is to take legal action against a copyist and who foots the bill. Royalties and audits – who is paying what, and how will it be managed? Ensure that the subject of how royalties are calculated and whether a royalty management system is in place are included. It is possible to agree a one-off lump sum, payments of regular royalties or a combination of the two in the form of an upfront payment followed by royalties. Many successful licensing relationships include a minimum guarantee for royalties in their agreements. Don’t forget, there can be a big difference between royalties calculated as a percentage of the retail- selling price as opposed to its wholesale price. A smaller percentage of volume sales is better than a greater percentage of insignificant sales. Agreeing the terms of a royalty management programme and including this in any licence agreement will ensure that there is compliance with the terms of financial reporting and decrease the likelihood of incorrect royalties being paid to the licensor. Which country? In a global marketplace, it is possible to licence different companies to sell the same design in different countries. Any licence should clearly state which country it covers and, importantly, which country’s law would apply. How long do you want the agreement to last? What happens if either party wishes to end the relationship? In the tricky world of a market dictating a product’s shelf life, it may be difficult to cater for market forces, but it is important that both parties have certain safeguards. Therefore, it is crucial to establish realistic licence dates – they can always be extended if required. Similarly, it is important to establish the exact criteria, should either party wish to end the agreement, so that the correct legal mechanism can be included. This is not an exhaustive list but gives a flavour of some of terms you should consider. ACID has worked with designers and manufacturers to create an industry-standard licence royalty agreement, which is easy to read and doesn’t contain overcomplicated legal jargon. This provides a level playing field between parties, allowing a fair framework for both to discuss any modifications and adjustments. Most importantly, a licence royalty agreement is based on actual court judgments to negate lengthy legal compliance and promoted as a basis upon which specific bespoke clauses can be added. ACID always advises users to consult IP lawyers before adding any additional clauses. The beauty of this is that you can reuse the template for different licensing partnerships. London based designer, and winner of the Accessories Collection of the Year ITS8 Italy sponsored by YKK, Chau Har Lee’s shoe collection is on display at the YKK London Showroom and includes her flat packed and 3D printed shoes. The new trend of digitalisation has seen the introduction of new and exciting mix methods where traditional meets digital in mainstream design. Lee, who has previously worked with Yves Saint Laurent and Nike as a footwear consultant, has created a collection that interlocks traditional shoe making with digital manufacturing - resulting in an effortless balance of strength and beauty. Three of Lee’s creative pieces will be on display at the showroom: • 3D printed shoe made solely from resin with no joins • flat pack shoe made from six individual acrylic pieces, without any glue, where different parts of the shoe can be swapped for a different colour or material and replaced • steel heel shoes , contemporary shoes which immerse traditional and modern with its polished modern heel and base constructed from leather and plastic For more information on Chau Har Lee’s display head to @ykklondonshowroom Instagram 154 COMMERCIAL STREET, SHOREDITCH, LONDON, UNITED KINGDOM, E1 6NU THE ICONIC BALANCING ACT OF TRADITIONAL AND DIGITAL AT YKK LONDON SHOWROOM /ykklondonshowroom /ykk-london-showroom /ykkeurope ykklondonshowroom.com
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