Introduction In 2022, a U.S. company with a new and unique product forged a relationship with a Chinese manufacturer, placing their trust in a well-regarded Chinese law firm for their contractual needs. But within just eight months, they were shocked to discover their proprietary technology had been replicated and commercialized by their Chinese manufacturer. My
Navigating International Manufacturing Agreements: The Power of Term Sheets Outsourcing manufacturing requires meticulous planning, skillful negotiation, and unwavering attention to detail. International Manufacturing Terms sheets can streamline this process, by helping manufacturers and product buyers establish crucial terms before embarking on the formal drafting of a comprehensive Manufacturing Agreement. The Role of Term Sheets Consider
December was a typically busy transactional month for our China team with the end of the calendar tax year looming. We were brought onto a China acquisition by one of our PE clients mid-month, and we closed before the end of the year. This cyclical frenetic pace of closing deals has caused me to reflect
The topic of this post is on the need to make sure your contracts with your overseas product manufacturers line up with your contracts with your product buyers.
One can argue all one wants regarding the risks of Hong Kong arbitration, but the mere fact that a lot more lawyers now view Hong Kong as a riskier arbitration venue than Singapore, New York, Geneva, Paris, and London, ought to be reason enough NOT to draft your contracts with a Hong Kong arbitration provision.
Today, I look again at what is happening with COVID in China, but this time I dig deeper into the specific risks companies that get their products from China are facing.
Last week, I wrote about how Chinese companies use fake investment scams to trick foreign companies into turning over their IP. This post goes into additional detail regarding the China fake investment scam, but it also goes beyond it to ecompass the various IP theft scams our China lawyers have been seeing in the last couple of years.
One of the more sophisticated and costly scams we see is what we call the “investing in your business to steal your IP scam.” We see this scam maybe 4-5 times a year, mostly before they happen and mostly before the company realizes a scam is about to take place.
The contracts Chinese companies provide to their foreign counter-parties are typically terrible because the Chinese company wants them to be terrible.
Contents of this Article: International Manufacturing Agreements Foreign Language Contracts Are Key The “Perfect” International Contract? The Questions We Ask You’re Naked Without a Good Bill of Materials Should You Use an International Contract Template? More on International Contract Drafting 9 Key Components of Solid International Product Agreements International contract writing is complex. A good
