If you want to protect your intellectual property from China, you need a Chinese NNN agreement or the relevant provisions of NNN in another agreement, for example. B a production agreement, a licence agreement or a distribution agreement. Please don`t just use an NDA because you think it`s better than nothing because it isn`t. Oh, and by the way, just about everything mentioned above applies with at least the same force to almost every country in Asia. If you can`t afford a lawyer and want to use an NNN agreement as a tool to use your negotiations, get our bilingual template, which also contains other templates. If you`re rewriting an NNN deal from the ground up, be careful with the potential pitfalls of that contract, especially if you`re designing an agreement for the first time. American and European companies keep asking us to review their NDA model „to make it work“ for China. Our answer is always to say that it would be faster, cheaper, easier and much better for us to start all over again with a China-specific NNN. Secondly, the NNN agreement must be written in such a way that the Chinese company really fears that its violation of the agreement will have immediate and negative effects.
The first step is to make the NNN agreement applicable as described above. The second step is to ensure that the NNN agreement provides for contractual damages of a set amount for any breach. II. Use a written NNN agreement for China You need a China-centric NNN agreement to protect your intellectual property in China. The three „N`s“ that constitute an agreement of China`s NNN are: non-use, secrecy and non-circumvention. Look at each one after the other. 7. The NNN Agreement provides for reimbursement of a certain amount of contractual damages for each infringement. We will discuss this amount later. Here, an NNN helps, because the agreement includes: this NNN agreement has been adapted over time to meet 95% of our customers` needs. We rarely receive requests from our customers for changes or additions to the model.
A damages contract offers two advantages. First, it forces the Chinese party to realize that it faces real and quantifiable consequences if it violates the NNN agreement. Second, a certain amount of money provides for a certain minimum in damages. This precise amount then provides a Chinese court with the basis for a seizure of assets in advance. A credible threat of asset confiscation increases the likelihood that the Chinese company will comply with your NNN agreement and that you will be able to put the Chinese company on the heel quickly if it does not. An excellent Chinese model of confidentiality/non-use/non-circumvention agreement with detailed instructions. To this end, all our contract drafts are drafted by an international team, including our Chinese legal team based in Guangzhou, China. With these engagement models, our clients and clients have achieved excellent results in protecting their intellectual property. By purchasing the draft NNN Agreement, you will obtain a revocable, non-exclusive, limited license to use the NNN Agreement for your personal or business use. This does not allow you to obtain a license to make the document available or sell to third parties.