The NNN agreement is most effective when it is able to prevent a potentially unscrupulous manufacturer from doing something that would be contrary to the agreement. Confidential information includes all information provided orally, in writing, by the demonstration or by other media by the company, and is deemed to be contained. Confidential information is considered as such at the time of disclosure. Confidential information may include, for example, data, knowledge, contacts, contracts, software, formulas, processes, designs, sketches, photographs, plans, drawings, specifications, models, reports, information provided by past or current participants in company programs and information about transaction procedures. However, confidential information should not contain information, which may be obvious: this [Chinese] company wants to turn the NNN agreement we wrote into an NDA, based on abstract principles of trade secrecy. Our NNN agreement is not a trade agreement. It is a contract that basically says that if XY or Z information expires or is copied or used to compete against you, the Chinese company will be liable and it will owe you x dollars in damages. The NNN agreement not only contains confidentiality provisions, but also contains provisions prohibiting a Chinese manufacturer from abusing confidential information it has received because of its working relationship with you. As our international lawyers so often design NNN agreements, we have a template email that we send to our clients (each time tailored to the respective situation) in which we explain the adapted NNN agreement that we have just designed for them and what they should do with this agreement in the future. The next one is such an email, and I write about it, because not only does it explain how NNN agreements should be used, but it also explains what distinguishes NNN agreements from traditional NNN agreements and why NNN agreements are so important. I need a certified Chinese lawyer who can write me a legal agreement on China, called confidentiality agreement, non-use, non-circumvention.
The written language is Chinese with its English translation. The agreement should focus on this point: you should reject almost all of the changes requested by your Chinese counterpart. They just don`t get it or (much more likely) they`re trying to get you to sign an agreement that doesn`t protect your IP address in China.