I have been looking for a manufacture for my product. I have found one in China that could be a possibility. Before moving forward, I want t...

Question

I have been looking for a manufacture for my product. I have found one in China that could be a possibility. Before moving forward, I want to make sure my product is protected. We have a patent, however, I've heard that sometimes overseas companies don't acknowledge US patents. By signing a non-disclosure agreement, would we be protected?

Answer

Not very well. It is not uncommon for Chinese manufacturers to misappropriate intellectual property rights, so you should expect that there is a risk for you as well. A non-disclosure agreement would have to be enforced in China if there was a breach - not an easy or inexpensive endeavor.

I would recommend speaking with an attorney about structuring a comprehensive agreement, with both legal and practical protections. Feel free to contact my office if you'd like to discuss further.

Answer

Not very well, unless you want to invest a huge amount in Chinese lawyers. And even then, you may not be.

See a good IP lawyer and pay him for what he knows.