How to Protect Your IP with International NNN Agreements If you are a US company that wants to do business with a foreign company, you may need to share some of your intellectual property (IP) with them. This could include your trade secrets, designs, prototypes, formulas, or other confidential information. However, sharing your IP can
About a decade ago, I gave a speech on software outsourcing at a major software event. Last week, I found my outline for that speech and this post is based on that outline, revised and updated. It is largely based on my experiences and what I have learned from talking with clients and other businesses
1. Essential Practices when Providing Services to Chinese Companies Securing payment should be your prime concern when providing services to Chinese clients. To mitigate potential issues, our China transactional lawyers incorporate certain clauses in their service contracts they draft for our clients, including provisions mandating the following: 1. Upfront Payment: A substantial initial payment should
CHINA TRADEMARKS Securing Trademarks in China China’s massive consumer market represents a tremendous opportunity for companies to build their brands. However, substantial risks of trademark squatting, counterfeits and other infringements make registering and protecting your trademarks in China absolutely essential. This in-depth guide provides practical insights on the benefits, process, tips and potential pitfalls of
I personally have dealt with more than two dozen exit ban matters in China. Around half of these were clear, in that the person banned from leaving China was told very explicitly not to leave, and in each case they knew why. The others were quite unclear, and involved people in China who feared they
I spoke with a new client yesterday regarding the importance of his company obtaining trademarks in China. At the end of the conversation, the client was so “psyched” about getting the trademarks, he asked if there are ever times a company does not need to register its brand name as a trademark in China. Though
July 12, 2023, Update I almost never update and re-run a blog post, but this will be the second time I have done so with this one, which shows how relevant, yet ever-changing the issue of China factory pricing is — especially since I updated it only about a month ago. Since I wrote this
China’s economy and its manufacturing are in what is increasingly looking like a long-term decline. I attribute most of this to two things that will almost certainly continue to worsen: geopolitics and demographics. On the geopolitical front, Blinken did JUST meet with Xi and they said nice things that will reduce the likelihood of war,
The UFLPA, the Question of Legislative Intent, and Its Impact on SMEs Since the launch of the Uyghur Forced Labor Prevention Act (UFLPA) in the summer of 2022, there has been an undercurrent of discussion in the trade community regarding the law’s real intent. Is the law intended to weed out products made with Xinjiang
With the wave of news surrounding due diligence company crackdowns in China, with Mintz Group and Bain & Co. as the highest profile targets to date (see here and here), a reporter reached out to inquire how legal practitioners are dealing with this diminished access. She wanted to know whether and how this complicates business
