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Tag Archives: Non compete

China Non-Competes. The Basics Have Become Clearer.

Posted in Basics of China Business Law, Legal News

Earlier this year, China’s Supreme People’s Court of China promulgated various interpretations of various employment law issues.  These interpretations were intended to clarify and for the most part, they did.  In particular, what was once unclear about non-competes signed by China employees has now become much clearer.  I am not going to compare the old… Continue Reading

How To Stop Your Chinese Supplier From Becoming Your Competitor.

Posted in 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 Employee Non-Competes. Do Not Try This At Home.

Posted in Legal News

Many American companies (at least outside California where employee non competes are generally considered invalid) love non competes and they use them as a matter of course with most (sometimes all) of their employees.  Generally a non-compete agreement or a non-compete provision in an employee contract provides that the employee cannot work for one of… 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

Why Non Disclosures (NDAs) Alone Are Not Enough For China, Part II. At Least Make It Enforceable.

Posted in Basics of China Business Law, Legal News

This is part II of our series on what are commonly referred to as non disclosure agreements or NDAs. In Part I, “Why Non Disclosures (NDAs) Alone Are Not Enough For China,” we talked about how many companies are using inadequate, off the shelf American NDAs in China. Those agreements are inadequate for three primary… 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

Employee Non-Compete Agreements In China. It’s Complicated.

Posted in Basics of China Business Law

By Steve Dickinson Chinese employment law presents many challenges to US employers. One issue that causes much confusion is the proper use of non-compete agreements with Chinese employees. Before China adopted its Labor Contract Law (“LCL”) in 2008, it was common for foreign employers to require all of their Chinese employees to enter into non-compete… 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