China NNN Agreements

China NNN Agreements and How to Give Them Real Teeth

As I noted in my previous post on China NNN agreements, for enforcement purposes you must make sure your China NNN agreement has teeth. To understand how enforcement works under Chinese law, we need to do a little work. The first point to realize is that the standard approach for enforcing an IP contract under the common law (this is the law in the United States and the UK and most of the British world) has no application under Chinese law. In the common law system, lawyers are mostly concerned with two issues. First, the rule that disfavors liquidated damage provisions. Second, the law/equity distinction that allows only for injunctive relief when a law (damages) remedy is not available.

The three keys to Protecting Your IP in China

The Three Keys to Protecting Your IP in China and Internationally

A new client the other day asked me what it should be doing to protect its IP in China and I asked whether they wanted the ten minute version or the ten day version. Fortunately for the both of us (and not surprisingly), they chose the ten minute version and the below is basically that.

Supply Chain risks

The Importance of Knowing, Understanding, and Being Able to Map your Supply Chain

As we continue to document in our customs and trade blog posts, import compliance and enforcement risk is higher than ever. And as recent experience suggests, this trend is not going to change anytime soon. By taking the preemptive supply chain verification and substantiation measures noted above, U.S. importers can manage and reduce these risk factors – and, in so doing, avoid becoming another CBP enforcement statistic.

China product development and manufacturing

Transitioning from Product Development to Mass Manufacturing

This post looks at the two most common product development choices, with a focus on how they impact the transition to mass production. At this stage, the foreign company has typically approved a final prototype -- or it is close to that stage -- and it it looking at going into mass production with their Chinese manufacturer.

China product development

China Product Development Models and Risks

China product development is fraught with risks. This post explains the two main product development models employed by Chinese companies and explains the advantages and disadvantages of both. I am writing about product development here because in my experience and that of my company, the product development stage is both the easiest and mostly likely time for your Chinese counterparty to run off with your IP or even your product. 

How To Gift Your IP to China

How to Avoid Inadvertently Gifting your IP to your Foreign Manufacturer

My law firm represents a large number of foreign companies that do OEM manufacturing around the world — mostly China, but India, Mexico, Brazil, Vietnam, Thailand, Taiwan, Korea, Malaysia, Indonesia, Bangladesh, and Cambodia as well.  In our discussions with our clients that manufacturing in foreign countries, we nearly always discuss what they can and should

International Manufacturing Contracts

International Manufacturing Template Documents

Last week a relatively large company emailed me to ask what our law firm charges for “template Thailand and Vietnam Manufacturing Agreements.” A few hours later, I got the same request from a different company for Mexico. In response to these emails, I explained why we never do “template” manufacturing agreements anywhere in the world

International Trade and Tariffs

International Trade – 2021 Year in Review, Predictions for 2022 – Trump tariffs

The year 2021 began with high hopes for international trade as many thought the incoming Biden Administration would undo many of the unprecedented trade actions taken by the Trump Administration and reset U.S. trade policy.  However, at the end of 2021, most of the Trump tariffs remain in effect and the Biden Administration has largely pushed trade issues to the back burner.  Here, we take a look at some of developments on the Trump tariffs this past year and what to expect for those tariffs in 2022.