Written by Brad Shu, Partner, DHH Law Firm Shanghai · All articles are informational only — not legal advice

China NNN Agreements

Protect your product designs, specifications, pricing, and customer relationships — before you disclose them.

Who This Service Is For

You may need an NNN agreement if you are planning to:

  • Send product samples, design files, or technical specifications to a Chinese manufacturer
  • Request quotations for a custom or private-label product
  • Disclose packaging artwork, branding materials, or your logo
  • Introduce a supplier to your customers or distribution channels
  • Discuss a new product concept before committing to an order
  • Share confidential commercial information during supplier evaluation

What "NNN" Means

Non-Disclosure

Your confidential information — drawings, specifications, pricing, customer lists — is not disclosed to third parties.

Non-Use

The manufacturer cannot use your designs or information for its own products or for other customers.

Non-Circumvention

The manufacturer cannot bypass you to deal directly with your customers or suppliers.

An NDA only blocks "telling." An NNN agreement blocks "telling," "using it yourself," and "selling around you" — the three realistic risks in a manufacturing relationship.

What We Deliver

DocumentBilingual NNN agreement (Chinese and English, Chinese text controlling)
Governing law & forumPRC law; China-based dispute resolution (specific forum recommended based on your manufacturer's location)
RemediesPer-breach liquidated damages calibrated to survive judicial review
Entity verificationConfirmation of the manufacturer's registered Chinese legal entity, business scope, and chop requirements
Execution reviewReview of the signed and chopped agreement before your first disclosure
Scope10–15 pages standard; up to 20 pages where development/tooling ownership provisions are incorporated
RevisionsOne round of review of the manufacturer's proposed changes included

Fees & Timeline

Standard NNN

Fixed-Fee Options Available

10–15 pages · 3–5 business days · entity verification + chop guidance included

NNN + Development Provisions

Fixed-Fee Options Available

15–20 pages · includes ownership of prototypes, improvements, and tooling · single factory scenario

Multi-Factory Master + Copies

Tailored Proposal

Master agreement + execution copies with entity verification per manufacturer

48-hour expedited delivery available. Fixed-fee arrangements are confirmed after we understand your project scope — contact us for a tailored quote.

What an NNN Agreement Does Not Do

  • It does not register your trademark or patent — separate registration is needed (trademark squatting guide)
  • It does not cover ownership of moulds, tooling, or product development work — these require tooling or development provisions (see our OEM & IP Protection service)
  • It does not bind strangers who never signed it — only registration covers the world at large
  • It does not replace a manufacturing agreement for production terms, quality, pricing, and delivery

Why a China-Licensed Lawyer

Your NNN agreement will be litigated, if ever, in a Chinese court — where the judge reads the Chinese text, applies Chinese law, and enforces through Chinese institutions. A US-style NDA drafted in English under Delaware law offers no practical protection in that forum. Every agreement we prepare is written for the court that will actually read it.

Frequently Asked Questions

Is a US NDA sufficient for working with a Chinese manufacturer?
In most cases, no. A US-style NDA drafted in English, governed by US law, with disputes in a US court, is practically unenforceable against a Chinese manufacturer whose assets are in China. A China-focused NNN agreement — bilingual with Chinese text controlling, PRC law, China forum — is designed for enforcement where it matters.
I have already shared my designs with the manufacturer. Is it too late?
Not necessarily. An NNN agreement can include retroactive-acknowledgment clauses that treat previously disclosed information as confidential under the agreement. This binds the party that received the information (the manufacturer), though it cannot reach strangers who never signed. If you have already disclosed, we can also check whether anyone has filed trademark or patent applications on your designs in China — and file before a squatter does.
How much does an NNN agreement cost?
The fee depends on the complexity of the relationship, the scope of the document, whether development or tooling ownership provisions are included, and whether negotiation or revisions are anticipated. We confirm a fixed fee before work begins. Contact us to discuss your project and receive a tailored quote.
Do I need an NNN agreement AND an OEM agreement?
It depends on your project. The NNN agreement protects information — what the manufacturer cannot disclose, use, or circumvent. The OEM agreement governs the actual manufacturing relationship — specifications, quality, pricing, delivery, ownership of moulds and improvements. If the manufacturer will develop or customize your product, the OEM agreement (or development provisions within the NNN) is as important as the NNN itself.
How long does it take?
First drafts are typically delivered within 3–5 business days of engagement. 48-hour expedited delivery is available.

Before you share your product or business information, let's discuss the right protections.

Please do not send trade secrets or highly confidential designs in a first message.