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    NNN (non-disclosure, non-use, non-circumvention) agreement for OEM manufact. in CHINA

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    Post a project like this
    17/06/2017
    $100
    • Posted: 6 years ago
    • Proposals: 6
    • Remote
    • #1575853
    • Expired
    Candice M.
    Candice M.
    Corporate & Commercial Law Consultant
    Top Endorsed
    United Kingdom City of London
    Shekhar M.
    Shekhar M.
    Veteran Legal Expert, Since '07|Contracts|NDA|SLA|Terms & Condition|Data Management Policy|Privacy Policy|Analyis|Review|Advisory|Documentation||Creative
    India Kolkata
    Low cost Legal ..
    Low cost Legal ..
    Professional, UK Regulated Legal services. For business & personal needs - Extensively insured.
    Top Seller with earnings over £100kTop Endorsed
    United Kingdom Manchester
    Mitchell B.
    Mitchell B.
    Legal Consultant/PR Consultant/Professional Speechwriter
    United States Florence
    Marie F.
    Marie F.
    I am FAST. I am COST EFFICIENT and I make the process SIMPLE.
    Top Endorsed
    United Kingdom London
    Haoran T.
    Haoran T.
    Growth Hacker for Chinese market
    China Shenzhen
    23867690710709485101514512083621701137
    Candice M.
    Shekhar M.Low cost Legal ..Mitchell B.Marie F. + 1 other have already sent a proposal.
    • 0
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    Description

    Experience Level: Expert
    General information for the business: We are Intellectual Property Holders and contract various specialized factories(In China) to produce products bearing our brand name for export to other countries over the world.
    Industry: Legal
    Legal topic: Copyright/Patent
    Description of legal work: Firstly, I DO NOT NEED a U.S. style NDA (non-disclosure) agreement. This is not enforceable in China.

    I need a China-centric NNN agreement to protect my Intellectual Property in China.

    Non Use: The Chinese factory should agree by written contract not to use my idea or concept or product in a way that competes with me, the disclosing party. The key here should be that this obligation arises by Chinese contract, not from some abstract property rights arising under intellectual property law. The contractual provision should prohibit use to protect me not because my concept is classified as some form of intellectual property such as trademark, copyright, patent, or trade secret. RATHER, it must protect me because the Chinese factory cannot use my work because if it does so it will be in breach of its contract with my company.


    Non Diclosure: The below two points must be kept in mind thoroughly. If I restrict the factory from disclosing, it may reveal informaion to someone in its "group" and that person may disclose my IP information. Although the factory who signed did not directly reveal information, they group member did it. This must be restricted.

    1) disclosure is specifically prohibited within the group and
    2) if there is infringement by any member of the group, the factory that made the disclosure will be fully liable.

    Information I want to protect here are:

    1. That the are involved in the manufacture of my brand. It must be a top secret that they are producing that product for me.

    2. My formula used in my product which I have specifically developed together with the factory for my product.

    3. The volume of my orders with them.

    4. My company data information.



    My NNN agreement should be written to be enforceable in a Chinese court with jurisdiction over the Chinese defendant. This means that Chinese law is the governing law, Chinese is the governing language, and exclusive jurisdiction is in a Chinese court with jurisdiction over the defendant.

    Second, the NNN Agreement must be written so that the Chinese company genuinely fears that its breaching the agreement will have immediate and negative impact. The first step is to make the NNN agreement enforceable, as described above.

    The second step is to ensure that the NNN agreement provides for contract damages in a specific monetary amount for every act of breach.



    PLEASE NOTE THAT I HAVE MANY PRODUCTS ALL MANUFACTURED BY DIFFERENT FACTORIES IN CHINA.

    THEREFORE I WILL NEED IT IN A FORMAT WHERE I CAN JUST CHANGE THE BRAND NAME, AND CHANGE THE PARTY'S NAME AND IT WILL BE APPLICABLE TO THE NEXT FACTORY.
    Extra notes:
    Amrit M.
    Amrit M.
    100% (11)
    Projects Completed
    16
    Freelancers worked with
    11
    Projects awarded
    55%
    Last project
    21 Dec 2022
    Ghana

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    17/06/2017
    $100

    - or -

    Post a project like this
    Amrit M.
    Amrit M.
    100% (11)
    Projects Completed
    16
    Freelancers worked with
    11
    Projects awarded
    55%
    Last project
    21 Dec 2022
    Ghana

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    intellectual property patent copyright intellectual property law non disclosure agreement (NDA) trademark

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