What You Actually Own When You Place a Custom Order
Most brands ask about price, MOQ and lead time before they ask who owns the pattern. It is the wrong order of questions. On a custom garment program, the design assets — the tech pack, the pattern set and the artwork — are the part of the product that keeps its value after the season ends, and where they physically sit is usually decided in the first few emails rather than in the contract.
This guide explains which assets exist in an apparel program, what a factory can and cannot reuse, what a confidentiality agreement should cover, and what to collect before you ever consider moving production. The stages themselves — from tech pack to shipped carton — are set out in the OEM process guide.
The Four Design Assets Behind Every Garment
Custom apparel looks like one product but is built from four separate pieces of intellectual property. They are usefully considered one at a time.
- The tech pack — measurements, fabric specification, construction, color references, trim list and decoration placement. This is the document the whole program is run from.
- The pattern set — the graded patterns for every size, derived from the base block. The pattern is what turns a drawing into a garment that fits.
- The artwork — print files, embroidery digitising and patch designs. Artwork is the most obviously brand-owned asset, and the one most often emailed around without a written chain of ownership.
- The brand elements — woven labels, care labels, hangtags, size stickers and packaging. These travel with the order and are usually held by the factory only as a service to the brand.
If your tech pack is complete before you approach a manufacturer, three of the four assets are already defined and documented, which makes the ownership conversation much shorter.
What the Factory Can and Cannot Reuse
A factory holds production capability and pattern-making skill; it does not acquire the right to sell your design. In practice the distinction comes down to three things.
- Your branded product cannot be resold. Garments carrying your labels, your artwork and your packaging are made for you and shipped to you.
- Your pattern cannot be used for another client. A pattern developed for your fit is your fit. Where a base block is used and only adjusted for you, the adjustment still belongs to your program.
- The general know-how can be reused. A factory that has learned how to handle a particular fabric, wash or decoration technique reasonably applies that skill to other projects. That is capability, not your design.
The clean way to hold this line is a written confidentiality agreement covering the artwork files, the pattern set and the customer list — not a verbal understanding. We sign a confidentiality agreement as part of the standard service package, and it is worth requesting it at enquiry stage rather than after sampling.
Confidentiality Agreements and What They Should Cover
A confidentiality clause that only says "designs will be kept confidential" does not tell either side what happens when the relationship ends. A workable agreement covers four points: what is confidential (artwork, patterns, tech pack, buyer identity), who may see it inside the factory, how long the obligation lasts after the last order, and what is returned or destroyed at the end.
Two practical additions are worth asking for. First, an agreement that sample garments and print screens made for your program are not used as portfolio pieces without permission. Second, clarity on subcontracting: if any process such as a specialist wash or an embroidery run is sent out, the same obligations should follow the work.
Moving to Another Factory: What to Collect First
Brands change manufacturers for ordinary reasons — capacity, price, a new product category — and the ones who move cleanly are the ones who collected their assets early. Before you place a final order elsewhere, make sure you hold:
- The current and approved tech pack, with the exact revision that matches the last bulk shipment.
- The graded pattern set, or at least the base block plus the grade rules, in a format a new factory can open.
- The artwork files in production-ready form, plus embroidery digitising files if you have them.
- The approved sample for each style, signed and dated, together with the measurement sheet.
- Fabric and trim specifications including supplier references, weights and color codes.
This is why the sample approval record matters beyond the sample itself: it is the only document that proves what "correct" looked like on the last approved run. Our sampling process keeps that record, and the article on the sampling process explains how the approval chain is built.
Protecting a Custom Program From Day One
- Send artwork and tech packs as dated files, and ask for written confirmation of receipt.
- Put the confidentiality agreement in place before the first tech pack leaves your inbox.
- Label every revision clearly so "approved" always refers to one specific file.
- Ask who inside the factory will see your files, and how they are stored.
- Keep your own copy of patterns and artwork even while the factory holds working copies.
- Request written approval before your samples are used in any marketing material.
Dongguan Yuejin Yi Garment Co., Ltd. has 20 years of experience manufacturing custom streetwear and apparel, and holds ISO9001 and ISO14001 certification. Production runs from our factory in Humen Town, Dongguan, with transparency commitments that include written confidentiality agreements, replies within 24 hours and a full inspection record on every shipment. Contact us to discuss your program — we will guide you from first sample to finished goods.