There are two legal keys in manufacturing in China. One, choosing the correct agreement (s) and IP recording (s) at the right time to maximize your protection while minimizing your costs. And second, to make the right chords and the right recordings. See China contracts: Make them enforceable or do not disturb and china OEM agreements. Why ours are in Chinese. It`s a flat-out. I mentioned above that the U.S.-style NOA agreements simply don`t work for China. Unfortunately, most of the other agreements we see for China do not work for all sorts of reasons either. If you pay a lawyer to design a Chinese contract of some kind for you or do any type of IP china filing, make sure it will do it properly.
See China`s treaties: make them enforceable or not disturb them. The second thing you should do is to require your manufacturer to sign a contract (in Chinese) (and that it is properly sealed) and specify that you own the shapes and what will happen to the Chinese manufacturer (specific damage) if you fail to return your shapes. It is also important that your contract be written with a Chinese (civil) legal system and not with a British common law system in the United States. In other words, your contract must work for China, because that is where your dispute over your forms must be resolved. Product development agreements. These are complex agreements that clarify your product development relationship with your Chinese manufacturer, including who owns what of the finished product and who will pay for what they put to the final stage. These agreements clearly show what you will pay for product development costs and define the different milestones that your Chinese product manufacturer must meet to be paid. It should contain at least some provisions that are addressed to: Keep possession of your designs and shapes, even if your manufacturer makes improvements. Regarding China`s economic slowdown, our Chinese lawyers are receiving an increasing number of emails and phone calls from companies seeking our help to recover “their forms” from their Chinese manufacturers.