Cor D Rover: Business development meets legal framework

New yacht construction is a lengthly and complicated process which can take several years to complete. The superyacht design team and the building team can make or break a super yacht project. Unlike in serial production of cars and due to uniqueness of a special designed super yacht, the builder(shipyard) does not have possibility to fully standardize the production process. Solutions can not be tested for various times before the building begins. Due to the nature of new super yacht construction projects, roles and responsibilities of different stakeholders (client, designer, builder, projectmanager...) can overlap. Best practice is to include a clear description of roles and responsibilities of every stakeholder in an attachment to contract(s), to avoid problems.

Design rights protect the outward appearance of a product resulting from its features, in particular, the shape,lines, contours, texture, colour, materials used and its ornamentation — for example the shape of a superyacht hull or deck design can qualify for design protection.

In the automotive industry, design rights are an important tool to protect the overall look of a car since the design of a product is often the main reason that consumers chose it over others. Compared to the automotive, the super yacht client will obviously want to get the right to use the design for the construction of the yacht by the builder, while the designer will want not only to get properly paid for the design and projectmanagement but also to be legally recognised as the designer of the super yacht by both the owner and the selected builder.

Contrary to popular belief, creative works do not need to be registered for copyright protection in a number of countries. This means any drawings, sketches or plans somebody produces are regarded as exclusive property and are automatically protected from unwarranted duplication.