The guide to Superyacht law - Fourth edition

DESIGN It is important to understand what rights you have in any designs and to surround yourself with an experienced team to assist with the build process. • What is the owner expecting from the designer? Will the choice of the design have an impact on the superyacht’s performance or compliance with superyacht regulatory obligations? Bring the designer on board early • What are the designer’s obligations? Is he or she only delivering the design, or should the designer also be responsible for ensuring the builder fulfils the design intent? • Does the design contract tie into the build contract? The designer should deliver the design in accordance with the design deliverables schedule of the build contract. Does the design contract clearly specify the designer’s responsibility towards the owner or towards the builder for defects attributable to the original design? • Is the owner/builder protected from negligent design or breaches of intellectual property? Does the designer have professional liability insurance cover in place? It is expensive but designers should have it • Does the design contract protect the designer’s intellectual property? Does the contract provide that any licence of the intellectual property rights granted by the designer are subject to payment of the design fees, and that if the designer is not paid the licence will be immediately withdrawn? A designer should never surrender their design palette or assign or license their intellectual property rights without specialist advice. Owners go to a designer for their style, which is their signature.

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