4. Intellectual and other property rights
4.1 Unless otherwise agreed, all intellectual property rights arising from the work commissioned – including patents, design rights and copyrights – will vest in the contractor. If any of such rights can be acquired only by registration, the contractor will have the sole and exclusive power to effect such registration.
4.2 Unless otherwise agreed, the work commissioned does not include conducting searches for the existence of rights, including patents, trademark rights, drawing or design rights, copyrights or portrait rights of third parties. The same applies to any investigation into the possibility of such forms of protection for the client.
4.3 Unless the work is not suitable for that purpose, the contractor will at all times be entitled to imprint his name on or in or to remove it from the work (or to have his name imprinted on or in or removed from the work), and without the contractor’s prior authorization the client may not publish or reproduce the work without identifying the contractor by name.
4.4 Unless otherwise agreed, all design drawings, illustrations, prototypes, scale models, templates, drafts, design sketches, films and other materials or (electronic) data files made by the contractor in the course of executing the design will remain the contractor’s property, irrespective of whether they were made available to the client or to third parties.
4.5 Upon completion of the work commissioned, neither the client nor the contractor will have any obligation to retain any of the materials and data used.