What should an NDA with a jewelry factory cover, and does it protect you?

ZKZ Editorial TeamMain answer · Product & gemmology desk

An NDA is a contract that restricts how the factory uses and shares what you give it. It can help, but it does not replace a manufacturing agreement, and its value depends on its wording and on whether it can be enforced where the factory is. We did not verify enforcement in any country, so seek local legal advice for an important design.

What we can say

Fact WIPO says industrial design protection is territorial and generally has to be sought in each country or region where protection is wanted, based on its FAQ on industrial designs.

What an NDA usually covers

1. A definition of the confidential information, such as drawings, CAD files and samples.
2. Who may see it, such as named staff and subcontractors.
3. What the factory may use it for, which is only your order.
4. How long it lasts, and what happens to files and samples at the end.
5. Which country's law applies and where disputes are heard.

Our advice Share only what the factory needs at each stage, and keep a log of what was sent.

Our advice Mark drawings and files as confidential and keep dated records.

It depends An NDA does not stop a factory from making similar designs if it did not use your information, and proving use can be hard.

A practical approach

Our advice Do not rely on one document. Combine the NDA with staged disclosure: send a rough sketch first, a detailed drawing when you have agreed price, and complete files only when you place the order. Watermark drawings with your company name and the date. Ask the factory to confirm in writing that files will be deleted or returned when the project ends.

Our advice If the design is very valuable to your brand, ask a lawyer in the factory's country about registering the design there before you share it.

Uncertain We did not verify the enforceability of NDAs in any country, typical terms or any template, so we do not give one. This is general information, not legal advice.

Related reading: What does a jewelry warranty usually cover, and what does it exclude? · How to Request a Jewelry Prototype

Sources

• WIPO, Frequently asked questions: industrial designs

Fact = stated by the cited source. Our advice = editorial recommendation. Uncertain / it depends = limits of what can be said in general.