Comprehensive Agreements Keep Companies Abroad from Misusing your Intellectual Property
U.S. companies doing business internationally often attempt to use their boilerplate non-disclosure agreements (NDAs) to protect their intellectual property (IP) from disclosure and unauthorized use. You’ll get far better IP protections and enforceability from a different kind of document — the NNN.
At Harris Bricken, we have a team of experienced international attorneys with expertise in drawing up NNNs. We’ve done it for thousands of clients to guard them against IP theft when working with companies abroad.
NNN stands for non-disclosure, non-use and non-circumvention. This type of contract includes provisions for financial damages if a business partner reveals or uses the confidential information you’ve provided to benefit any business aside from yours. Since damages can be costly, the agreements are a proactive method to prevent IP theft.
Are NNNs Enforceable Internationally?
NNN agreements allow for enforcement by courts in the country where you’re transacting to ensure your rights to a collectible award in the event of a contract breach. This location is where you’ll pursue legal remedies if necessary since many countries don’t enforce judgments U.S. or EU courts issue.
How Are International NNNs Different Than Non-Disclosure Agreements (NDAs)?
NNNs are more than an international NDA. NDAs apply more to trade secrets, while the NNN scope leans toward collecting financial damages if a company leverages your IP to compete with you. For example, a breach would occur if a company under agreement with you manufactured an identical product and sold it directly to your customers at a lower price.
These agreements are most valuable when you first begin discussions with an international business partner, as moving forward may call for product development agreements or manufacturing contracts instead. NNNs also rarely have an expiration date. That characteristic means the receiving party signs on for a permanent obligation to be accountable for their actions with your IP.
Full-Service Planning for International NNN Agreements
When you engage Harris Bricken for your NNN’s creation, you benefit from our decades of expertise in international business laws. Among the other advantages you’ll experience:
Counter-party language fluency: We have a team of fluent speakers in several languages, including Arabic, Cantonese, Chinese, Gujarati, Hindi, Japanese, Korean, Mandarin, Russian, Spanish, Thai, Turkish and Vietnamese. As a result, we’ll draft your NNN in the native language of your business partner’s country and courts. Doing so ensures clarity to prevent misunderstandings and maximize protection.
High enforceability: Having expertise in many countries’ laws allows us to meet their NNN requirements in terms of scope. We detail each type of breach and its consequences with no language that could limit your options. If legal recourse occurs, our NNNs can withstand the scrutiny of the local courts.
Valid damages provisions: Some courts abroad are reluctant to impose punitive damages — they want financial figures that are fair and non-excessive. For this reason, we craft all our NNNs with damages provisions that align with your unique business investments and loss potential.
An advocate for every step of the process: We price our NNNs with a transparent flat fee that includes everything from development to revising. Your Harris Bricken attorney will guide you through the process of delivery and execution unique to your situation.
Trust the professionals at Harris Bricken to draft a clear, enforceable NNN for your business. Contact our experts today to get started.