International Manufacturing Agreement

Parties Involved

US based Company "ABC" Manufacturer based at China "XYZ"

Prepare a International manufacturing agreement for a US based company ABC with a China based manufacturer XYZ. ABC seeks to entrust the manufacturing of their patented product to a XYZ. XYZ shall manufacture and ship the product to US.

Issues:

Cross border Intellectual Property Rights management and protection, International trade and commerce, Chinese and US Commercial, Contractual & Tax laws.

Theoretical Approach

Detailed analysis of practical issues in protecting the interest of ABC, in patents registered in US, where as XYZ is based at China. Cover the non-compete and circumvention issues in a cross border perspective. The commercial activity being between entities from China and US, payment and delivery has to be taken care in the Contractual Document itself. Another concern to be closely looked and solved shall be the product liability in US as the material is being manufactured in China.

Operational Strategy

B&L Corporate and IP teams to work jointly in this project. Conduct an Initial detailed study on the business model and proposed activities. Set up a detailed Client Conference VoIP call. All possible issues are to be listed out by various practice groups. Formulate strategy to protect the interest of ABC. Place the initial draft in the Second Level Virtual Client Meeting. Clarify all the queries of the client and explain the necessity and relevance of each clause. Incorporate client comments in the final draft and fine tune it. Deliver the Final Draft after "TOTAL QUALITY ANALYSIS". Do post delivery follow up.

Result

With the Final Document and Legal Memo, ABC could negotiate further with XYZ and the agreement entered between ABC and XYZ on the better and strict terms that B&L provided.