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      <title>China Law Blog - Why Non Disclosures (NDAs) Alone Are Not Enough For China. - Comments</title>
      <link>http://www.chinalawblog.com/</link>
      <description>China Law for Business</description>
      <language>en</language>
      <copyright>Copyright 2012</copyright>
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      <pubDate>Tue, 07 Feb 2012 20:39:45 -0800</pubDate>
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      <item>
         <title>Twofish</title>
         <description><![CDATA[<p>However you may get push back over some of these provisions.  If you are using the Chinese company to manufacture a commodity product (say plastic bowls), the company you work for may simply refuse to manufacture the product for you under these sorts of conditions, since this limits their ability to manufacture the same type of product for your competitor.  A lot of Chinese manufacturing involves products for which there are very few IP rights (plastic bowls for example). </p>

<p>There are also situations where for strategic reasons, a foreign company will partner with a Chinese company with the full intention of turning the Chinese company into a future competitor.  An example of where this could happen is if a company's expansion is limited by anti-trust or regulatory reasons to X% of the market, and creating a Chinese competitor makes the pie bigger, which allows the first company to expand.  This happens in banking.</p>]]></description>
         <link>http://www.chinalawblog.com/2010/02/all_lawyers_will_tell_their.html#15969</link>
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         <category domain="http://www.chinalawblog.com/">Basics of China Business Law</category>
         <pubDate>Mon, 22 Feb 2010 04:08:41 -0800</pubDate>
         <dc:creator>Dan</dc:creator>
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      <item>
         <title>Roxanne</title>
         <description><![CDATA[<p>This is so dead on I can't even tell you.  When my company first started doing business with China, we went to our local lawyer who gave us an English language NDA and we thought we were set.  It wasn't until the Chinese factory started selling directly to our customers until we realized how inadequate it had been.  I just hope your excellent advice here helps someone from avoiding our fate.</p>]]></description>
         <link>http://www.chinalawblog.com/2010/02/all_lawyers_will_tell_their.html#15970</link>
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         <category domain="http://www.chinalawblog.com/">Basics of China Business Law</category>
         <pubDate>Mon, 22 Feb 2010 04:08:41 -0800</pubDate>
         <dc:creator>Dan</dc:creator>
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      <item>
         <title>chinateaching</title>
         <description><![CDATA[<p>Nice writing!   I hope to be teaching in Shanghai  and am trying to read everything about China I can find.</p>]]></description>
         <link>http://www.chinalawblog.com/2010/02/all_lawyers_will_tell_their.html#15971</link>
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         <category domain="http://www.chinalawblog.com/">Basics of China Business Law</category>
         <pubDate>Mon, 22 Feb 2010 04:08:41 -0800</pubDate>
         <dc:creator>Dan</dc:creator>
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      <item>
         <title>Zhang Ke</title>
         <description><![CDATA[<p>As in the case with negotiating a JV with a CN company , I have experienced the value in going through the process (negotiating, dining, drinking, girls, KTV, whatever) of getting to agreement (NNN or others).  It is an important part of your due diligence process for your potential partners.  As another commenter has suggested, this not a just a party and you need to be looking for any indications of problems with their side.  My advise:  build relationships quickly in these situations, try to split the herd, and look to gather intelligence about their management, processes, strengths, weaknesses, how they treat other customers, etc.  Having a good and trusted interpreter by your side that has been coached in this process is also valuable.  Many times, despite them working for you, they can be viewed as being "inside the fence" with the Chinese group in the room.</p>

<p>However, my question to you is; what is the reality of enforcement of this NNN agreement should the company act against it?  How much time and money will it take?  What is the CN court system's history of deciding in the foreign company's favor?  And if you happen to be successful with a judgement, what about enforcement?  How does the foreign company compel action by the CN company whether it be a cease and desist or some sort of financial compensation?</p>

<p>Thanks.</p>]]></description>
         <link>http://www.chinalawblog.com/2010/02/all_lawyers_will_tell_their.html#25635</link>
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         <category domain="http://www.chinalawblog.com/">Basics of China Business Law</category>
         <pubDate>Mon, 22 Feb 2010 04:08:41 -0800</pubDate>
         <dc:creator>Dan</dc:creator>
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      <item>
         <title>Andrew</title>
         <description><![CDATA[<p>This is a very interesting article, would it possible for you to supply some kind of NNN agreement template?<br />
many thanks </p>]]></description>
         <link>http://www.chinalawblog.com/2010/02/all_lawyers_will_tell_their.html#25860</link>
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         <category domain="http://www.chinalawblog.com/">Basics of China Business Law</category>
         <pubDate>Mon, 22 Feb 2010 04:08:41 -0800</pubDate>
         <dc:creator>Dan</dc:creator>
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      <item>
         <title>Robert Richard</title>
         <description><![CDATA[<p>I am in full agreement with Zhang Ke. Agreements in China are worth about the value of the paper they are printed on. Enforcement? Unless you have unlimited time and funds, enforcement in the courts is mostly a joke. You will spend years in litigation, spend your life getting every page authenticated by the Chinese Embassy in the USA (paying authentication fees per PAGE, before they will authenticate you will need authentication by your State's division of corporations... then you will have to repeat the process several times because the Chinese courts didn't like the size of the paper, the color, or the lunar year in which it was done.</p>

<p>My comment about China business is to carefully partner with a long term vendor. China is not about agreements, not about legality, it is all about relationships. If you have a key product with intellectual property value, consider a country with a more practical legal environment, practically speaking there is no legal protection in China. The cost savings by Chinese manufacturing may be quickly offset by having your idea stolen. On the other hand China has many, many advantages in certain applications. Know when to do business in China, when not to!  </p>

<p>Conclusion: hospitals and courts are the places where you don't want to be in China... or divorce court in the USA!</p>]]></description>
         <link>http://www.chinalawblog.com/2010/02/all_lawyers_will_tell_their.html#26142</link>
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         <category domain="http://www.chinalawblog.com/">Basics of China Business Law</category>
         <pubDate>Mon, 22 Feb 2010 04:08:41 -0800</pubDate>
         <dc:creator>Dan</dc:creator>
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      <item>
         <title>Scott Steele</title>
         <description><![CDATA[<p>Can this discussion be extrapolated to Taiwan as well?</p>

<p>Thanks.</p>

<p>Scotty</p>]]></description>
         <link>http://www.chinalawblog.com/2010/02/all_lawyers_will_tell_their.html#157323</link>
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         <category domain="http://www.chinalawblog.com/">Basics of China Business Law</category>
         <pubDate>Mon, 22 Feb 2010 04:08:41 -0800</pubDate>
         <dc:creator>Dan</dc:creator>
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