Guidance

UK-China Film & TV Toolkit

Published 26 August 2016

If you are a British company and would like more information - or to request a copy of the UK-China Film & TV Toolkit - please contact:

The UK-China Film & TV Toolkit is intended to help UK companies develop projects with Chinese partners. The Toolkit helps create a legal framework for the sharing of confidential ideas and intellectual property (IP) as part of the creative process.

The Toolkit consists of:

  • A mutual, bilingual (English-Chinese) Non-Disclosure Agreement (NDA), designed to be consistent with Chinese law and industry practice;
  • Two alternative dispute resolution clauses for the NDA, one subject to Chinese court proceedings without arbitration and one specifying arbitration; and
  • Explanatory notes to explain the NDA and its use, and to assist in choosing the appropriate dispute resolution clause.

An NDA is a legally-binding contract signed between two or more parties. An NDA commits the parties to respect IP and confidential information shared in respect of a defined project. The NDA describes the permitted use of disclosed information, and sets out the compensation for breaching these terms.

A mutual NDA provides for situations where both parties to the agreement may disclose confidential information as part of a project, and the disclosures of both parties are covered by the terms of the NDA.

The Toolkit has been developed in response to questions from UK companies exploring creative projects in China. The Toolkit is intended to be sufficiently flexible for a range of possible applications and UK users, including creative companies, producers, sales companies, VFX houses and service providers such as film studios and consultants operating in the film or TV industries. Chinese parties can be either state-owned enterprises (SOEs) or private companies.

The Toolkit has been developed by the UK’s Intellectual Property Attaché to China (based in the British Embassy Beijing), the British Film Institute (BFI) and the Producers Alliance for Cinema & Television (PACT).

For more information on protecting IP in China please see the British Embassy Beijing IP & Film in China business factsheet and other materials on the Embassy IP webpage.

This Toolkit was written and researched with the support of Mathew Alderson in the Beijing affiliate office of Harris Moure.