Before entering into a relationship with a Chinese manufacturer, it is important to understand who you are actually dealing with.

• Chinese company registration and qualification checks

• Verification of legal representative and registered information

• Business scope and manufacturing capabilities

• Relationship between trading companies and factories

• Identification of relevant supplier entities

• Basic legal and commercial risk assessment

A China-focused NNN Agreement (Non-Use, Non-Disclosure and Non-Circumvention) can be structured to address the specific risks involved in Chinese manufacturing relationships.

• Drafting China-focused NNN agreements

• English-Chinese bilingual agreements

• Non-use protection for product designs and technology

• Non-disclosure obligations

• Non-circumvention restrictions

• Protection against unauthorized manufacturing and sales

• Supplier and affiliated-company liability

• Contractual damages and enforcement provisions

• Review of Chinese supplier entities before signing

The manufacturing agreement should clearly address who owns the product, tooling, molds, drawings, specifications, technology and other intellectual property developed during the relationship.

• Product development arrangements

• Tooling and mold ownership

• Product specifications and quality requirements

• Product inspection and acceptance

• Production and delivery obligations

• Payment and warranty provisions

• Intellectual property ownership

• Confidentiality and non-use obligations

• Subcontracting restrictions

• Liability for defective or unauthorized products

• Termination and post-termination obligations

For many foreign companies, the most valuable assets are not the factory itself, but the product designs, technical information, specifications, drawings, software, branding and know-how provided to the manufacturer.

• Product designs and specifications

• Technical drawings and CAD files

• Trade secrets and confidential information

• Product development materials

• Tooling and molds

• Trademarks and branding

• Ownership of newly developed IP

• Restrictions on unauthorized use or production

• Return or destruction of confidential information

• Post-termination protection

When a manufacturing relationship breaks down, early legal action can be critical.

• Non-delivery or delayed delivery

• Product quality disputes

• Payment and refund disputes

• Unauthorized production

• Unauthorized use of product designs or technology

• Breach of NNN agreements

• Breach of OEM/ODM agreements

• Contractual penalties and damages

• Supplier termination

• Pre-litigation negotiation and demand letters

• Chinese arbitration and litigation

China manufacturing projects often involve multiple jurisdictions, entities and contracts. I provide China-law support for foreign companies dealing with Chinese suppliers and business partners.

• China-related commercial contracts

• Bilingual English-Chinese agreements

• Contract review and risk assessment

• China-law enforceability

• Supplier negotiations

• Pre-litigation legal strategy

• Cross-border commercial disputes

• Coordination with overseas counsel