To this end, all of our contract projects are designed by an international team, including our Chinese legal team based in Guangzhou, China. Our clients and customers have achieved great results in protecting their intellectual property through these binding models. Second, the NNN agreement must be drafted in such a way that the Chinese company is genuinely concerned that its violation of the agreement will have direct and negative consequences. The first step is to make the NN agreement as described above applicable. The second step is to ensure that the NNN agreement provides for contractual damages in a certain amount of money for each act of infringement. I. Don`t use U.S.-style NOA-style agreements that focus on protecting 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. If you want to know the NNN agreements of a real company and how we use it, keep reading. If you cannot afford a lawyer and want to use an NNN agreement as a tool to use your negotiations, you will receive our bilingual model, which also contains other models. III. Use an NNN agreement a Chinese court will enforce your NNN agreement should normally be written to be enforceable in a Chinese court with jurisdiction 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. Confidentiality agreements are designed to protect a company`s business secrets from advertising. There`s nothing left. First, what is the difference between a confidentiality agreement (NDA) and non-disclosure, non-use and non-circumvention agreement (NNN)? For 99% of you who read this, I bet you are not ready to go to China and fight in a Chinese court to enforce your agreement.