Semiconductor Supply Chain IP and Trade Secrets in China

Assets that usually matter more than logos

• Process recipes, tool configurations, yield learning
• Mask/design data and PDK-related materials
• Failure analysis methods and reliability models
• Supplier price books and capacity allocation strategies
• Software for APC, metrology, and diagnostics

Layered protection

1. Patents — where disclosure is acceptable and enforcement geography helps.
2. Trade secrets — need-to-know, marking, NDAs, exit procedures · framework.
3. Contractual NNN / non-use — especially before sharing files with China manufacturers · NNN guide.
4. Technical controls — data rooms, watermarking, segmented networks, no local admin on partner laptops.
5. Trade compliance — some tech transfers are licence events, not only IP events.

Contract stack for China collaboration

• NNN / mutual NDA before RFQ data packs
• Foundry/OSAT MSA with IP ownership of improvements
• Background vs foreground IP schedules
• Audit rights and forensic cooperation after leakage
• Employee non-solicit / key-person clauses where lawful
• Export-control compliance representations

People and sites

• Badge and clean-room visitor protocols for customer engineers
• Secondments: inventorship, confidentiality, and invention assignment
• Exit interviews and access cut-off for departing staff · pair with employment roadmap hygiene
• Photography bans and personal-device policies in sensitive bays

Checklist before sharing process data

• [ ] Asset classification (public / confidential / restricted)
• [ ] Minimum necessary data set defined for the partner task
• [ ] NNN/MSA executed with correct Chinese legal entity
• [ ] Technical access controls configured
• [ ] Export-control sign-off if tools/tech are controlled
• [ ] Logging and watermarking enabled
• [ ] Escalation path if files appear on a competitor line

Counsel

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