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OEM contracts- a repackaging strategy
Through an OEM contract, a buyer purchases a product from a foreign or domestic country's factory that is already being manufactured by that factory and consequently “re-packages” this product with its own trademark and logo.
The buyer and seller both in such cases needs to have the following rights need to be agreed upon and protected:
intellectual property (IP);
licensing rights;
profit sharing ratio;
product liability claims;
branding strategy;
rights to resell to competitors;
restriction on change of control of collaborator party etc.;
quality of products being provided;
refund or quality check.
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