Chinese NNN (non-disclosure, non-use, non-circumvention) agreement

DRAFT : Chinese NNN (non-disclosure, non-use, non-circumvention) agreement

We use a Chinese factory to produce our product. A party recently approached our factory with one of our actual products and asked them for a Quote / Price to copy it.

We are now worried that our Factory will copy our product / components etc to basically replicate it for the new client. We have spent years developing the product.

I need a certified Chinese lawyer who can write me a legal China-centered agreement called non-disclosure, non-use, non-circumvention agreement. The written language is Chinese with its English translation.

The agreement must focus on:

1. The Chinese company agrees not to use the information (idea, concept, or product) in competition with me, the disclosing party. Also not to use same design, components, concepts from our product for any other customers producing similar product.

2. It must be written in Chinese, governed by Chinese law, and exclusively enforceable in a Chinese court.

3. Disclosure is specifically prohibited within the group (in case the company I am dealing with has group of other companies).

4. if there is infringement by any member of the group, the factory that made the disclosure will be fully liable.

5. non-circumvention: the factory I am dealing with or any of its group are not allowed to sell my product at all and are not allowed to replicate, use any component etc to reproduce for others.

6. Chinese law is the governing law, Chinese is the governing language, and exclusive jurisdiction is in a Chinese court with jurisdiction over the defendant.

7. the NNN agreement provides for contract damages in a specific monetary amount for every act of breach.

Thank you,

Skills: Translation, Legal, Contracts, Simplified Chinese (China), Traditional Chinese (Hong Kong)

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