Constructing a Contract in China

Our clients always ask, which contracts are the best to have. We usually recommend the following three (in English and Chinese from a Chinese law firm):

  1. NNN/NDA Agreements: NNN Agreements aim to protect the confidentiality of your product and to prevent your Chinese manufacturer from competing with you or circumventing you.
  2. OEM Agreements: You need an OEM Agreement after you chose a Chinese manufacture, it contains all of the substantive provisions of the NNN Agreements.
  3. China Trademarks: You should register your brand name and/or your product names and logos as trademark(s) in China, even if you will not be selling your product in China.

In addition, when you create the OEM, adding a paragraph that states the factory will be doing product development for the Company but that Company will own all of the IP. Also, you will need language about mold ownership, and you absolutely must pay for the molds.