Monday, October 25, 2010

On the purchase of products from China. A Run-Through on the legal basis.

Just receive a very typical email someone searching for the manufacture of their products in China:

A little background on our company.We are a supplier and installer of _ and following 18 months of design and development finally completed _ prototype model that we now manufacture in Chine.Deux months of research and interviews with various Chinese manufacturers, we found a company that manufactures the _ _ based.

Begin negotiations with them, we were asked to sign a confidentiality agreement that we are in receipt de.Nous are now trying to organize sending on a prototype to enable them to reproduce and return. Prior to this, however, I wanted to assure you that we are not ourselves in a situation of vulnerability.

On your blog, discuss you an OEM contract.You could provide some information about it and if we need to examine it at this early stage?

I've responded as follows:

You do not have an OEM agreement until you are really ready to undertake OEM fabrication.Accords cover manufacturing relationship and you are not yet at this stage.

At this stage, you probably need is NNN agreement as I'm pretty sure the confidentiality agreement, you have the sign of the Chinese factory offers with little or no protection.Here is some information on the agreements of NNN:

If you are going to spend lot of money, the prototype is and want if ensure that when this is done you will have the prototype or molds used to make the prototype, then you must us project what we call an agreement of moisissure.Ces agreements are usually not needed unless you spend heavily on mould or on the prototype that you want to be sure that if something goes wrong between you and the Chinese factory, you will end up with mould or prototype.

The other thing, you need to think at any given time is ensuring a Chinese for your China nom.La brand is a "first file" country and so if you're not the first file of your brand and someone beats you to what they have the name of "your" in Chine.Cela means that they can then prevent you from using their name in China and you won't be able to put your name on your Chine.Sans products be able to put your name on your product in China, you need to export without your name and then add your name as your product arrives at the United States.

If you have any patent on your product, we need to discuss too .Mon company is not all patent work, but I would be happy to refer you to qualified lawyers who are.

If you have additional questions, please let me know.

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