Just responded to an email from a client that went something like this:
A couple of the potential manufacturers to whom we are showing the NDA you did for us are saying that “we don’t respect” them and that these sorts of agreements are “not done in China” in the _____ industry. Is this true?
My response was as follows:
China Non Disclosure Agreements are quite common and they tend to work very at protecting confidential information.
Chinese companies often say that something isn’t Chinese as a way to avoid it. What I always say about NNN Agreements (what we call our NDAs) is that we have done about 300 of them. Maybe 148 times, the Chinese company just signs it. Around 147 times, the Chinese company suggests reasonable changes and then signs it. About five times, they say “this is never done in China.” I then tell our client that can’t be true and we have our own proof of it — the 295 out of 300 times that we got one signed — and that the Chinese manufacturer saying that is a very bad sign.Nothing unusual about the ____ industry either.