Own-it | Intellectual Property Advice for Creative Businesses

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Contracts in China: Know Before You Go

Published 12.12.12 at 11:42

Tailoring contracts to suit your intellectual property rights is an important way to ensure that your company's specific intellectual property assets are adequately protected. Since trade secrets and confidential information are critical to a company's business and operations, it is also essential to include provisions to protect them in contracts with third parties. However, no protection is afforded to 'confidential information' under Chinese law (unlike UK law where the law of confidence can sometimes provide a remedy), unless it is otherwise specified in a contract; this article outlines how to use contracts intelligently to protect your intellectual property and also contains a sample NDA (non-disclosure agreement).

This article was prepared by the China IPR SME Helpdesk for Own-it.

The China IPR SME Helpdesk is a European Commission funded project that provides free, practical, business advice relating to China IPR to European SMEs. To learn about any aspect of intellectual property rights in China, visit our online portal at www.china-iprhelpdesk.eu. For free expert advice on China IPR for your business, e-mail your questions to:  question@china-iprhelpdesk.eu. You will receive a reply from one of the Helpdesk experts within seven working days. The China IPR SME Helpdesk is jointly implemented by DEVELOPMENT Solutions and the European Union Chamber of Commerce in China.

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