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
Tag Archives: NDA
China Contracts Because China Law Does Matter
Posted in Legal NewsFascinating 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 NewsJust 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 NewsJust 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 NewsJust 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 NewsA 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 NewsProbably 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 NewsMy 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 BusinessI 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 NewsThe 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 LawThe 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 Legal NewsMany 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
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