China has become a focus for many Australian companies and it is a favourite destination for trade and business missions. It is also a very popular place for companies to sell their products and to have products made. At the core of these transactions is a contract – some good, many not so.
China’s legal system and business culture is very different, and misunderstandings are frequent. Negotiating contracts that are effective in the China environment will minimise the misunderstandings that lead to disputes. Detailed contract management also plays its part in successfully contracting in China.
David Bennett is the former IP Counsellor to China. The IP Counsellor to China is a position designed to help Australians to protect their intellectual property in China, in particular by providing information and guidance on the realities of IP registration and enforcement. The current IP Counsellor, stationed in Beijing is Charlotte Trinh. You can find out more about her role, here [ Ссылка ].
Wei Xin is a Beijing native and an Australian Lawyer. She has more than 25 years of experience in working with foreign clients on their cross border transactions. Wei Xin will share her insights into China contract essentials - among them:
Issues common to every commercial contract:
- What is so different about China
- Why Australian style contracts do not work well in China
- The importance of due diligence in contract
- The importance of Chinese language in contract
- The importance of correct execution of a contract with a Chinese company
- Practical choice of law and dispute resolution considerations
- Limitations of a confidentiality agreement
- Practical difficulties with template contracts.
Some examples related to specific contracts:
- How effective can the NNN arrangements be?
- A distribution agreement
- Purchase agreement; and
- IP licence agreements and their practical issues.
Included in this webinar:
0:00 Introduction
3:33 Overview of topics covered in this webinar
8:53 How the Chinese legal system is different
15:19 Due diligence is essential
18:29 The importance of using the Chinese language in contracts
22:02 Practical choice of law and dispute resolution considerations
26:52 Correct execution of a China contract is vital
29:57 Limitations of a confidentiality agreement
32:35 Australian style contracts do not work well
34:21 Practical difficulties with template contracts
36:47 Examples of some specific types of contracts
41:34 Take away points
45:07 Q&A
