Procurement decisions and comparisons
Design Exclusivity vs Confidentiality: Ask Two Questions
Design exclusivity asks whether an agreed design may be supplied or used for other customers. Project confidentiality asks which information may be disclosed, to whom and for what purpose. One does not automatically settle the other. Define both separately and distinguish them from ownership and permission to manufacture the order.
For brands negotiating limited-access development of a new streetwear collection.
Name the design and the activity that would be restricted
Identify the artwork, pattern or combination of features the proposal concerns. Ask whether the requested restriction covers an exact design, a specified derivative or another clearly described activity. State the proposed duration and commercial scope for discussion without assuming the maker accepts it. A broad request to keep everything exclusive may leave ordinary construction details unresolved. Keep a marked design schedule so the conversation addresses identifiable material rather than a vague resemblance test.
Map necessary information sharing during development
List which files and samples contain information the brand wants treated as confidential. Ask who needs access for quotation, sampling, material sourcing or testing and whether any third party is involved. Request the proposed disclosure exceptions and handling arrangements. A promise not to display a project publicly does not answer whether another service provider can receive its tech pack. Conversely, permission to share a file for a named development task does not by itself grant a right to sell the design elsewhere.
Resolve the two schedules before releasing sensitive material
Keep a restriction schedule and an information-access schedule beside the normal development brief. Record who can approve an exception and how the parties will confirm acceptance. If the maker cannot accept a requested term, revise the scope before sending additional material rather than relying on an unanswered email. Treat ownership, production-use permission and portfolio permission as separate issues where relevant. These practical questions help prepare an agreement but do not establish that a particular clause is legally effective.
Decision and evidence checklist
| Decision | Include in the brief | Review evidence |
|---|---|---|
| Exclusivity request | Identified design and restricted activity | Accepted scope schedule |
| Confidentiality request | Files, recipients and permitted purpose | Information-access schedule |
| Exception approval | Authority and written route | Recorded acceptance or revision |
What this brief does and does not establish
These are negotiation-preparation questions, not legal advice or a representation that MyOwnWear offers exclusivity or a particular confidentiality contract. Obtain project-specific written terms.
Send a non-sensitive description of the requested exclusivity and disclosure limits to MyOwnWear; ask whether the proposed terms can be reviewed before detailed files are shared. Open the MyOwnWear RFQ form.
Buyer questions
Does confidentiality prevent supply to another brand?
Not necessarily. Ask separately about the specific design-supply restriction.
Does exclusivity establish artwork ownership?
No. Ownership and the right to manufacture need their own agreed treatment.
Should subcontractor access be discussed?
Yes. Ask which project information needs to be shared and under what agreed conditions.