Chop a China-law NNN on the factory’s registered name before any drawing pack leaves your laptop. The paper must bind use (no clone SKU), disclosure, and circumvention (no going around you to the buyer or mould shop), in Chinese, with a PRC court or CIETAC seat and liquidated damages a judge might keep. It sits beside the purchase order and quality terms — it does not replace a China trademark or design patent. A US NDA plus a handshake PO is the usual empty stack. Treat information as secret if you also want Anti-Unfair Competition Act backup.
Compare = which instrument. This page = how to run the sprint.
When is it enough?
For factory leak/clone/end-run risk — not for brand ownership.
Must it be Chinese?
Yes if you want a Suzhou judge to read it.
Before drawings?
Yes. After is a confession.
Replace TM?
No. File in parallel.
This page is the sprint; the sister page is the instrument compare.
Scope and legal framework
Civil Code (contracts, confidentiality, liquidated damages). The three covenants are ordinary contract terms. Damages clauses can be reduced if grossly excessive. Name the legal entity that actually runs the line.
Anti-Unfair Competition Law (trade secrets). Helps if you took reasonable confidentiality steps. The NNN is the easiest exhibit that you did.
Bound party, China forum, a damages number that can survive review.
Practical workflow
Stack NNN + PO/QC + IP filings. None replaces the others.
Pull the business licence; confirm who will chop.
Draft Chinese prevailing text: non-use, non-disclose, non-circumvent, LD, PRC forum.
Chop before CAD, BOM or mould deposit.
File China TM (and designs if they matter) the same week.
Keep a dated disclosure log against that chopped party.
Common mistakes
A perfect NNN with no TM still loses the brand.
Trading-company chop, factory on the shop floor.
USD 50 million LD a court will slash to nothing useful.
Legal boundary: Prefer primary statutes, judicial interpretations, and official guidance when making decisions. Where this guide links to city hubs or lawyer listings, verify credentials and engagement terms directly with counsel. Full disclaimer · Submit an initial enquiry.
FAQ
Common questions
Quick answers for foreign nationals and employers. Rules vary by city and change over time.
Is an NNN enough by itself?
For leak/clone/end-run, it is the core contract. It is not a brand right. See OEM / customs.
Can we use last year’s template?
Only after you change the party, the product description and the forum to this factory.
Consultation preparation
What to prepare before contacting counsel
Send a focused first package so counsel can check conflicts, understand scope, and identify urgent deadlines.
A concise timeline and the result you want to achieve.
Names of all parties and affiliates for a conflict check.
Key contracts, notices, correspondence, filings, or decisions.
Known deadlines, preferred language, location, and budget constraints.
Topic counsel
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