International NNN Agreements can protect against disclosure, misuse, and circumvention, but they are not always the right tool and they are only the beginning. This post explains when an international NNN makes sense, why it must be tailored to the country and transaction, and what companies need to do after signing one to preserve the protections they expect to enforce.
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
Chinese nationals face serious restrictions on their ability to buy land in Florida, with the entry into force of SB 264 on July 1 of this year. This new law curbs real estate acquisitions by citizens of seven "countries of concern" (China, Cuba, Iran, North Korea, Russia, Syria, and "the Venezuelan regime of Nicolás Maduro"),
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
AI regulation in China has taken an important step with the release of the Interim Measures for the Management of Generative AI Services (生成式人工智能服务管理暂行办法). Together with the Cyberspace Administration of China, the Measures were issued on July 10, 2023, by the National Development and Reform Commission, Ministry of Education, Ministry of Science and Technology, Ministry
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
Issue Orientation As the US relationship with China deteriorates across the political, military, economic, and trade dimensions, US companies with manufacturing operations in China are increasingly seeking out strategies to diversify supply chains, mitigate compliance risk, minimize duty exposure, reduce costs, and manage uncertainty. Though several approaches have been pursued since the inception of the
China counterfeits can threaten your brand, supply chain, and sales long before you know who is behind them. The best response starts with strong IP rights, factory contracts, evidence preservation, and a strategy focused on the point in the supply chain where you have the most leverage.
