When concluding contracts in a Western “legal” culture, the parties normally write lengthy contracts with numerous clauses. Perhaps, this is to justify the legal fees to our clients. When reviewing the first sales contract between Asian parties, I recall being genuinely surprised. The contract was short with very concise clauses, possibly even double spacing. Of […]Read More
Introduction In the recent years, the World Trade Organization (WTO) has been subject to severe criticisms on account of its inability to conclude any negotiations. The lack of consensus among its diverse membership, who differ considerably in terms of their economic and socio-political structures and interests, has been at the core of the discussion. In […]Read More
In the international legal negotiations, culture plays an important role in preparing for negotiations as well as during them. It influences a negotiator’s style, the negotiations process and its outcome. When we talk about culture in legal negotiation, in reality, we are talking about three cultures: the overall corporate culture, the professional culture and the […]Read More
The protection of trade secrets lies not only in how many or which measures are adopted by companies to protect their secrets from being easily disclosed or used. It also lies in how to manage employees well, so they do not disclose trade secrets. In a way, the latter is more important, because the confidentiality […]Read More
Introduction Trade secrets protection clauses are often embedded in distribution contracts over the sale of technical parts for the manufacturing industry. Such clauses ought to be carefully designed when products and materials will be exported to a foreign country. Alongside the issue of protecting a company’s own confidential business information, the large scale distribution of […]Read More
When we approach a negotiation, we bring with us our culture (or cultures), that is, our “common sense”. But the other parties might not share the same “common sense” and this can lead to gaffes or clashes.Read More
Are preliminary injunctions making China safer for trade secrets?Read More
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