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NDA, NNN Agreement, or Manufacturing Agreement?

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Manufacturing relationships expose product designs, tooling,specifications, and market information to parties that may have different assumptions about ownership and permitted use. Protection requires both legal rights and practical controls.

Each document serves a different stage

An NDA focuses on confidentiality. An NNN-style agreementcommonly adds nonuse and noncircumvention concepts. A manufacturing agreement governs the actual commercial relationship, including quality, delivery, payment, tooling, IP, and remedies.

Do not overestimate a standalone NDA

A general U.S.-style NDA may not address the most likelyrisks: the factory using the concept itself, selling around the buyer, subcontracting, or producing overruns.

Use the correct Chinese entity and forum

The agreement should bind the actual recipient ofinformation and be drafted with enforceability in mind. Identify the Chinese legal name and choose workable law and dispute provisions.

Transition to a full production contract

Once a supplier is selected, replace reliance on preliminaryconfidentiality documents with a manufacturing agreement and detailed specifications.

Coordinate with registered IP

Contracts allocate rights between the parties; registrationsmay provide rights against third parties. Strong protection usually requires both.

Practical next step

Identifythe IP and physical assets involved, confirm registrations and ownership documents, and preserve evidence of disclosure or misuse. Contract, registration, platform, administrative, customs, and litigation options should be coordinated rather than considered in isolation.

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How to Protect Product Designs Shared With a Chinese Factory
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