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Tag Archives: NDA

China NDA. A Day In The Life Of A China Lawyer.

Posted in Internet, Legal News

Every so often one of our China lawyers will get an email from someone who essentially challenges us to tell them why they should hire us. Our response is to patiently explain why they are wrong to think that they do not need a lawyer and to not so patiently tell them that it would… Continue Reading

Protecting Your IP From China. The Value And The Peril Of Trade Fairs. Part II.

Posted in China Business

A couple of weeks back, we did a post entitled, Protecting Your IP From China. The Value And The Peril Of Trade Fairs.  In that post, we talked about the benefits of securing a Non Disclosure (NDA) or an NNN (Non Disclosure, Non Compete, Non Circumvent) Agreement from potential Chinese manufacturers, before revealing your trade secrets… Continue Reading

Protecting Your IP From China. The Value And The Peril Of Trade Fairs.

Posted in Legal News

Spoke the other day with a consumer goods client who goes to a couple of trade fairs every year in the PRC.  He told me of some funny (and not so funny) trade fair stories, some of which revolved around intellectual property, intellectual property protection, and intellectual property theft. Well it all got me to… Continue Reading

How To Stop Your Chinese Supplier From Becoming Your Competitor.

Posted in Internet, Legal News

Renaud Anjoran over at the Quality Inspection Tips blog recently wrote on “How your Chinese suppliers might become your competitors.”  Anjoran provides some excellent suggestions for preventing your China supplier from competing with you, based on his notes from a talk by Paul Melkebeke, Vice President Supply Asia for Samsonite. Melkebeke talked of how building a… Continue Reading

China Contracts Because China Law Does Matter

Posted in Internet, Legal News

Fascinating and important post over at the Chinese Law Prof blog today, entitled, “When does law matter in China?”  The post and my own experiences lead me to answer by saying “all the time.”  But remember mattering is not the same thing as being determinative. Professor Clarke starts his blog post by noting how he… Continue Reading

Your China NDA Is DOA. Again.

Posted in Legal News

Just fired off the same email I’ve probably sent at least two dozen times. It was in response to someone who just realized that their Chinese manufacturer or potential manufacturer had used confidential or trade secret information. Here’s the email to me (changed to get rid of any identifiers): I had my Chinese factory sign… Continue Reading

The China NDA (Non Disclosure Agreement). Shut The Barn Door BEFORE The Horse Bolts.

Posted in Legal News

Just received the following comment to our post, How To Find And Deal With Chinese Manufacturers: I have a question, I sent a picture of a unique [product] and they sent back an email saying that they would like to manufacture it and when I said mine they corrected me by stateing ours. is this normal?… Continue Reading

China Non Disclosure Agreements (NDA). Done ALL The Time.

Posted in Basics of China Business Law, Legal News

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?… Continue Reading

Do You Know What Your China Contract Says?

Posted in Legal News

A potential client recently sent me a contract written in both Chinese and in English. The English portions were silent about the controlling language but the Chinese portion made crystal clear that the Chinese language portion would control.  And guess what? The Chinese language portion was very different from the English language portion. So different,… Continue Reading

China NDAs/NNN Agreements. What You/We Need To Know.

Posted in Basics of China Business Law, Legal News

Probably 99% of the Non Disclosure Agreements we see that have been used “quickly” by American companies with their potential Chinese counter-parties are defective, usually terminally so.  One of the things that most frequently makes them defective is that they call for disputes to be resolved in the United States. The problem with that is… Continue Reading

Getting Started On Manufacturing In China. The Legal Basics.

Posted in Basics of China Business Law, Legal News

My law firm is always getting emails like the following (I got one this morning which spurred me to write this post): I’m a __________ based business owner and widget designer. I’m developing my own line of widgets and I am now preparing to move forward by sending out my samples to factories in China…. Continue Reading

The China Anger Test. Fast. Cheap. Amazingly Accurate.

Posted in China Business

I was telling a client today how my law firm has done more than 200 Non Disclosure Agreements (NDA) with Chinese companies and our results very roughly approximate the following:  100 Chinese companies signed what we drafted   95 Chinese companies made one or more reasonable modifications and then signed     5 Chinese companies… Continue Reading

How To Buy Product From China.

Posted in China Business, Legal News

The always helpful Quality Inspection Blog has a must-read post entitled, “Should you tell your China suppliers about your China price.” In the post, Renaud Anjoran, China quality control inspecter, extraordinaire, does a really nice job explaining the steps you should go through in sourcing your product from China (my comments are in italics): Here… Continue Reading

Why Non Disclosures (NDAs) Alone Are Not Enough For China.

Posted in Basics of China Business Law

The other day, I did a post on why Non-Disclosure Agreements are so often critical for those doing business with China. Within a few hours of that post, entitled, “China Non Disclosure Agreements (NDA). A Really Good Thing,” my co-blogger, Steve Dickinson, was pointing out how if we were going to talk about non disclosure… Continue Reading

China’s Lack Of IP Protection: Overrated. Overrated.

Posted in Internet, Legal News

Many years ago, I attended a Seattle area High School basketball game between Roosevelt High School and Juanita High School. The big matchup was between two top 100 high school prospects, Marcus Williams for Roosevelt and Micah Downs for Juanita. By that point, both Micah Downs and his father had already made clear they thought… Continue Reading

China Business Is Like Business Everywhere Else

Posted in China Business

Excellent and pithy article in the Shanghai Daily the other day by Iain McGregor (the “pen name for a former senior aerospace executive, intelligence officer and diplomat who is a novelist and occasional commentator living in Shanghai.”) on what it really takes to do business in China (h/t to All Roads Lead to China). The… Continue Reading

China Non Disclosure Agreements (NDA)– Don’t Leave Home Without One (Or Many)

Posted in Legal News

Years ago, our Chinese lawyers used to get a fairly steady stream of panicked American callers who would call us a month or so after returning from China where they had showed their product, prototype or product drawings to Chinese OEM companies.These Americans were calling us in a panic because they had shown their product, prototype,… Continue Reading

China Consultant, Protect Thyself

Posted in Legal News

China’s recently stepped up effort to root out foreign companies doing business in China without being registered to do so has caused a rash of China consultants to retain the China lawyers in my firm. From our work in forming China WFOEs for these consultants, we have learned that many China consultants are falling dangerously short… Continue Reading