I did it. But I think that sums up the business activities in China and how to see the agreements perfectly. I learned this by living full-time in China since 2014, administering 6 characters in my consulting company Source Find Asia, interviewing different Chinese experts in the made in China Podcast, surrounded by a community of more than 200 Chinese entrepreneurs, called Enter China – of which I am a partner now. I have a client who wants me to decide on an NDA or confidentiality agreement with an exclusivity clause for the items they introduce into their Chinese factory. After reading the China Law Blog, I`m not sure it`s as simple as possible. The confidentiality agreement (also commonly known as a confidentiality agreement) is a fairly simple contract that lists two parties who wish to exchange private information – which should not be passed on to third parties. In the case of agreements that are performed by consideration, a standard clause in a commercial contract makes the treaty legally binding under English law, even if not all parties sign the same copy of the contract. However, “co-shares”, as interpreted under the laws of some other jurisdictions, are not recognized in China. In order to ensure the validity of a written contract, both parties must instead sign all copies of the contract that govern the parties. In this edition of our china business activities series, we discuss a few issues that need to be considered before a foreign seller (the “Seller”) enters into a distribution agreement with a Chinese party acting as the Seller`s distributor (the “Distributor”) to market and sell the Seller`s products and/or services in the Chinese market. “Five years ago, I would have laughed at the idea of a contract. However, since we restarted the company in 2015, we are more systematized and now see more value in contracting. Contracts are important in China, but don`t think that a single detailed contract is concluded, which means that this is the end of your work.
Regardless of the legislation in force, it may sometimes be necessary for a foreign company to obtain permission from the relevant Chinese authorities before its products can be advertised and/or distributed in China. The necessary authorizations and the related application procedures depend on the products to be exchanged. These issues should be addressed in the distribution contract and appropriate legal advice should be sought in advance, as it should be decided whether the Chinese distributor or the foreign supplier takes responsibility for the application and ultimately obtaining the corresponding authorizations In most cases, these products are relatively generic and are largely based on their customers` OEM designs. . . .