Non-Disclosure Non-Use And Non-Circumvention Agreement (Nnn)

In the absence of a language of survival, all obligations end with the termination or expiry of this contract. If you do not ask the Chinese manufacturer to obtain your consent for each subcontractor and require each of them to sign your NNN agreement, there is the potential for each of them to abuse and use your confidential information. Find out what the NNN agreement clauses mean and how they are compared to a confidentiality agreement: this language obliges all companies related to the recipient and the party that disclosed them under this agreement. This prevents a possible “escape.” The NDA agreements focus on the protection of trade secrets. For a trade secret to be a protected property, information must remain a secret. That is why the NDA agreements are intended to prevent the disclosure of a trade secret to the public. The NDA`s agreements therefore focus closely on preventing the provision of secret information to the public. Since U.S. companies generally focus on maintaining their national intellectual property portfolio, they naturally tend to believe that they can rely on a single NOA agreement, written in English, subject to U.S. law and applicable exclusively in a U.S. city and state. But for the following two reasons, this type of NOA is not worth it in China.

Their NNN agreement would normally have to be written to be enforceable in a Chinese court responsible for the Chinese defendant. This means that Chinese law is the law in force, that Chinese is the dominant language and that the exclusive jurisdiction is before a Chinese court competent for the defendant. The main reason for this China-based approach is that, in cases of violation or circumvention, you must be able to act quickly against the Chinese accused. Most of the time, any other approach will render the agreement unenforceable or delay its implementation as long as the agreement becomes unnecessary. Legal fees are often overlooked in poorly crafted agreements. Without them, the dominant parties are liable for their own legal fees, which are likely to represent a heavy financial burden and, therefore, a deterrent effect on the application of their rights. I need a certified Chinese lawyer who can write me a legal agreement on China, called confidentiality agreement, non-use, non-circumvention. The written language is Chinese with its English translation. The agreement should focus on this point: because of your signature on the document, it means the approval of all changes, whether you know them or not. 3.

Most Chinese companies comply with the NNN agreement and then treat their NNN commitments seriously. This does not mean that every Chinese company will give up years of bad practices and start to behave well. But this usually means that when a Chinese company violates the NNN agreement, litigation is not necessary. In most cases, a reference to the NNN agreement and the credible threat of litigation/asset seizures is sufficient to induce the Chinese company to comply with the line.