Non-disclosure Agreements

[Randy W]

There has been a series of articles lately in the China Law Blog about non-disclosure agreements in China. Your American NDA translated into Chinese won't cut the mustard. If you're interested, take a look.

 

 

A China Film and TV Toolkit

Among other things, the Toolkit covers the following:

• How China’s confidentiality and trade secret laws differ from those of common law jurisdictions such as the US and the UK
• The basic requirements for protecting trade secrets in China
• The limits to protection and how protection can be lost
• Why contracts with Chinese parties should always be bilingual
• Why Chinese law and jurisdiction should be chosen in most instances
• How protection under an NDA should be supplemented by trademark and copyright registrations in China

 

From the article's "recent updates" list

 

• A China Film and TV Toolkit
• When Your China Employee Leaves….
• How to Protect Your IP from China: Step One, Recognize the U.S. is NOT the Only Place in the World.
• Stopping Infringing Products From China: Section 337 Cases
• Getting Your Product Made in China, Part 1: The Pros and Cons of Using an Intermediary
• China NNN Agreements

 

and in Forbes

 

Why Your NDA Does Not Work For China

Edited August 26, 2016 by Randy W (see edit history)

[Greg.D.]

I will check some of those links when I am not at work. But, I've been thinking lately that the firms still touting legal and consulting help to do business in China know that their days are numbered, that you'll always lose in China. That you should only try to sell or manufacture and sell in China if you absolutely have to be there.

 

They will always get your IP. Think of Segway: they infringed and infringed against Segway until they had made so much money in that market that they were able to buy Segway outright and end the lawsuits.

 

Success in Chinese markets will be met with billion dollar fines for arbitrary infractions. So, while China Law Blog might be able to articulate actual law, even they know the reality in practice is quite different.

 

p.s. I have intimate knowledge of how IP is appropriated in China

[Randy W]

Yes - two things that would change the picture for me as far as living in China are working or doing business in China, or raising a child.

 

This is another interesting article about employees and labor laws in China that may be of interest to anyone who wants to either work in China or start a business in China

 

When Your China Employee Leaves….