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National Practice Guide · L3

Semiconductor Supply Chain IP and Trade Secrets in China

Foundries, OSATs, and equipment vendors ask: How do we share process data with a China partner without losing the crown jewels? Semiconductor collaboration needs layered IP: patents where they help, trade secrets for process know-how, strict NNN/contract controls, and access governance. This guide is operational—not a patent-filing manual.

Updated2 Aug 2026
AudienceForeign businesses & individuals
Author China Law List Editorial · Last reviewed · 2 min read · Editorial policy · AI content policy · Disclaimer · Not legal advice — confirm current rules with counsel and authorities

At a glance

Practice: typical process stages

Four high-level stages — details and local variations are in the guide below.

  1. FrameMap facts to PRC rules
  2. PlanOptions, risks & timeline
  3. ExecuteFilings, contracts, forums
  4. ReviewCompliance & next steps
City hubs

Local guides & lawyers

Drill into city × practice hubs where available, or open the city legal market guide.

Hub: Semiconductors hub · NNN: NNN manufacturing · Secrets: Trade secrets framework · Dual-use: Equipment export controls.

Assets that usually matter more than logos

  • Process recipes, tool configurations, yield learning
  • Mask/design data and PDK-related materials
  • Failure analysis methods and reliability models
  • Supplier price books and capacity allocation strategies
  • Software for APC, metrology, and diagnostics

Layered protection

  1. Patents — where disclosure is acceptable and enforcement geography helps.
  2. Trade secrets — need-to-know, marking, NDAs, exit procedures · framework.
  3. Contractual NNN / non-use — especially before sharing files with China manufacturers · NNN guide.
  4. Technical controls — data rooms, watermarking, segmented networks, no local admin on partner laptops.
  5. Trade compliance — some tech transfers are licence events, not only IP events.

Contract stack for China collaboration

  • NNN / mutual NDA before RFQ data packs
  • Foundry/OSAT MSA with IP ownership of improvements
  • Background vs foreground IP schedules
  • Audit rights and forensic cooperation after leakage
  • Employee non-solicit / key-person clauses where lawful
  • Export-control compliance representations

People and sites

  • Badge and clean-room visitor protocols for customer engineers
  • Secondments: inventorship, confidentiality, and invention assignment
  • Exit interviews and access cut-off for departing staff · pair with employment roadmap hygiene
  • Photography bans and personal-device policies in sensitive bays

Checklist before sharing process data

  • [ ] Asset classification (public / confidential / restricted)
  • [ ] Minimum necessary data set defined for the partner task
  • [ ] NNN/MSA executed with correct Chinese legal entity
  • [ ] Technical access controls configured
  • [ ] Export-control sign-off if tools/tech are controlled
  • [ ] Logging and watermarking enabled
  • [ ] Escalation path if files appear on a competitor line

Counsel

Semiconductors hub   IP lawyers   Trade lawyers   Find counsel

General information only—not legal advice. Last reviewed: August 2026 · China Law List Editorial

Sources & trust

How to use this guide

This page is general information for orientation. It is not legal advice and does not create an attorney–client relationship. For methodology and AI-assisted drafting rules, see our Editorial Policy and AI Content Policy. Directory badge meaning is described in the Lawyer Verification Policy.

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