Model Of Patent Licensing Contract

< p > this contract is signed in the year of the year of the year of the year, the month of the month, the date of the month, and the date of the contract.

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< p > one is China, Beijing, and the company is /p.

< p > > the other side is: the state of the company, the company, the company (hereinafter referred to as the supplier) < /p >

< p > preface < /p >

< p > 1. the supplier is the only patent of the Chinese patent "a href=" http://pop.sjfzxm.com/popimg/fz/index.aspx "patent" /a "right person".

The supplier made an application to the Patent Office of China in the year of the year of the year of the year, the date of application, and the patent number of the Chinese patent office.

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< p > 2. the supplier has the right and consent to grant the above patent application license.

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< p > 3. the Recipient agrees to obtain the supplier's license for the above patent application.

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< p > 4. the two sides have concluded the following clauses through negotiation: < /p >

< p > first types of license < /p >

< p > 1.. This license is an exclusive license.

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< p > 2. the supplier shall not manufacture, use and sell the < a href= "http://cailiao.sjfzxm.com/" > license > /a > Product in the contractual area specified in the third paragraph.

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< p > 3. the recipient shall have the right to award the sub license.

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< p > 4. the exclusive license is not pferable without the supplier's permission.

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< p > second technology usage < /p >

< p > 1. the supplier determines the protection scope of the patent.

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< p > 2. the supplier has used the patented technology in the area outside the contract area, and the supplier has determined the following technical level according to the result of the use.

(or) the supplier has not used the patent technology of the company before signing the contract, and the supplier determines that the patent technology of the company will reach the following level of technology when signing the contract.

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The technical application scope of < p > 3.____ patent is the technical application scope of the license of this contract.

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< p > third contract area < /p >

< p > 1. the exclusive license is granted to the following areas:...

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< p > 2. the recipient shall not manufacture, use and sell the license product in any other area other than those mentioned above.

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< p > 3. the recipient can export the license product to the following countries:...

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< p > Fourth technical assistance < /p >

< p > 1. the supplier is obliged to provide the recipient with the necessary technical information for the implementation of the patent. The specific contents and delivery date are detailed in Annex 1 to the contract.

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< p > 2. the supplier is responsible for accepting and arranging technical personnel from the recipient side to go to the supplier's enterprise training.

The supplier should make every effort to meet the training requirements of the recipient, so that the recipient can master the patent technology.

The specific requirements are detailed in Annex 2 to the contract.

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< p > 3. the supplier is responsible for sending technical personnel to the recipient enterprises to provide technical services.

The specific requirements are detailed in Annex 3 to the contract.

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< p > fifth improvement of patent technology < /p >

< p > 1. the supplier shall have the obligation to notify the recipient of all the improvements in the patent technology during the validity of the contract and provide them with the use of the patent.

Fees should not be increased.

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< p > 2. the recipient does not need the approval of the supplier to improve the patent technology, but the supplier must be notified.

The supplier shall have the right to use the improved results of the recipient after paying the appropriate fee.

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< p > 3. if the improvement result of the recipient is patented, the recipient shall have the right to propose < a href= "http://www.91se91.com/news/index_q.asp" > patent application < /a >.

The patent right is granted to the recipient party after approval.

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< p > sixth suppliers' guarantee < /p >

< p > 1. all the contents listed in the second part of the supplier guarantee.

The supplier and the receiving party jointly check and accept the technical level and requirements of the patent products of the company in the recipient factory, and the supplier shall bear the responsibility for examination and acceptance.

The specific requirements are detailed in Annex 4 to the contract.

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< p > 2. the supplier guarantees all its patent rights are legal, effective and without defects.

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< p > seventh protection and protection of patent < /p >

< p > 1. the supplier is responsible for maintaining the patent right and paying the annual fee.

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< p > 2. when the supplier intends to give up the patent right, he must notify the recipient in time.

The recipient shall have the right to obtain the patent waived by the supplier free of charge.

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< p > 3. both the supplier and the receiving party have the right to sue the third party who infringes upon the patent right.

The other party should support one party's prosecution.

The party who decides to prosecute shall bear the cost of the prosecution, and the proceeds from the winning suit shall also be owned by him.

If the two parties agree to jointly prosecute, the expenses and profits incurred therefrom shall be apportioned as follows: < /p >

< p > supplier side, the recipient side.

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< p > eighth implementation obligation < /p >

< p > 1. the recipient shall bear the obligation to carry out the patent.

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< p > 2. the recipient shall not undertake the obligation not to manufacture and sell competitive products.

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< p > ninth payment and payment terms < /p >

< p > 1. the total contract price paid by the directional supplier is: < /p >

< p > entry fee: $(/p).

< p > royalty: it is written clearly according to the stipulate of royalty, royalty rate, royalty, royalty and so on.

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< p > 2. all costs under this contract are paid in US dollars by wire pfer (T/T) or by mail pfer (M/T), and the recipient is paid by the Bank of China, Beijing, China.

The amount paid by the supplier to the recipient shall be paid through the Bank of Beijing, China and the Bank of China.

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< p > all bank charges incurred in China are borne by the receiving party and the bank charges outside China shall be borne by the supplier.

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< p > 3. the total contract price shall be paid by the recipient to the supplier in accordance with the following methods and proportion: < /p >

< p > 3.1 entry fee of $30, which is not later than 30 days from the date of receipt of the following documents by the supplier, and is paid to the supplier correctly by auditing: < /p >

< p > A. one copy of the irrevocable letter of guarantee issued by the supplier's Bank in the favour of the beneficiary.

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< p > B. the amount is the form of the total contract price, invoice in four copies.

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One copy of the draft P > c..

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< p > at the same time, the recipient shall submit to the supplier a copy of the irrevocable letter of guarantee issued by the Bank of China, Beijing, in the amount of $1, 000, $, and USD in the supplier's favour.

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< p > 3.2 entry fee shall be paid by the supplier to the supplier within 30 days after the supplier has delivered the technical data specified in Annex 1 to the contract, no later than 30 days after receiving the supplier's submission of the following documents.

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< p > A. commercial invoice in four copies; < /p >

One copy of the draft at sight > P > B.; < /p >

< p > C. technical data the last batch of air waybills delivered and two copies of the letter of the supplier indicating that all technical information has been delivered.

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< p > 3.3 entry fee shall be paid by the recipient to the supplier within 30 days after receipt of the following documents after completion of the training work according to Annex 2 of this contract.

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< p > A. commercial invoice in four copies; < /p >

One copy of the draft at sight > P > B.; < /p >

< p > C. two documents of proof signed by the two sides have been completed according to the contract requirements.

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< p > 4. the recipient will start to pay royalty after the technical level specified in the second section of the product assessment.

The terms of payment for royalty are as follows: < /p >

< p > 4.1 within 15 days after December 31st, the recipient will inform the supplier of the actual sales volume of the last calendar year (Note: two times a year, or other methods).

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< p > 4.2 the recipient shall be paid by the recipient to the supplier within 30 days after receipt of the following documents by the supplier: < /p >

< p > A. four copies of the royalty fee in this period; < /p >

< p > B. commercial invoice in four copies; < /p >

One copy of the draft P > c..

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< p > 5., the supplier shall have the right to deduct from any of the above payments when the supplier is required to pay a penalty or compensation to the recipient.

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< p > tenth taxes and fees < /p >

< p > 1.. All taxes and charges incurred outside the country of the recipient due to the performance of this contract shall be borne by the supplier.

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< p > 2. the income earned by the supplier in China within the performance of this contract must be paid according to the Chinese tax law.

The tax shall be withheld by the recipient at each payment and a copy of the receipt of the Inland Revenue Department shall be delivered to the supplier.

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< p > eleventh arbitration > /p >.

< p > 1. all disputes arising from or in connection with this contract shall be settled through friendly negotiation.

If no agreement can be reached through negotiation, it shall be submitted to arbitration for settlement.

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< p > 2. the arbitration shall be held in Beijing and shall be arbitrated by the foreign economic and Trade Arbitration Commission of the China Council for the promotion of international trade in accordance with the arbitration rules of the association.

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< p > 3. the arbitral award is final and binding upon both parties.

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< p > 4. the cost of arbitration shall be borne by the losing party.

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< p > 5. except for the part of arbitration carried out in the arbitration process, the contract shall be continued.

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< p > twelfth force majeure < /p >

< p > 1. any party to a contract that affects the execution of the contract due to war, serious floods, fires, typhoons and earthquakes (or other agreed Force Majeure incidents), is equivalent to the time affected by the accident.

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< p > 2. the responsible party shall notify the other party by telex or telegram as soon as possible, and submit the certificate to the other party within 14 days by registered airmail letter.

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< p > 3. when the accident of force majeure extends to more than 120 days, the two sides should resolve the problem of continuing the contract as soon as possible through friendly negotiation.

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< p > thirteenth breach of contract < /p >

< p > If any party of a contract violates the terms of this contract for reasons of force majeure, the other party may request the violating party in writing to compensate for the loss or terminate the contract ahead of time.

If a claim is made to compensate for the loss, the party shall not be compensated within 90 days after the notice is issued, and the other party shall have the right to submit it to arbitration.

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< p > fourteenth contract entry into force, termination and other < /p >.

< p > 1.. This contract is signed by the representatives of both sides in the company.

All parties shall apply for approval to their own government authorities respectively, and the date of approval of the last party is the date of entry into force of the contract.

Both parties shall do their best to obtain approval within 60 days, notify the other party by telex, and confirm with letters.

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< p > this contract is still not effective for 6 months from the date of signing, and the two parties have the right to cancel the contract.

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< p > 2. the validity period of this contract is calculated from the effective date of the contract, and the contract will automatically become invalid after the expiration of the validity period.

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< p > 3. after the termination of this contract, the Licensee shall have the right to continue to sell the contract products made before the termination of the contract.

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< p > 4. when the expiration of this contract, the debtor and debts that have occurred between the two parties shall not be affected by the expiration of the contract. The debtor shall continue to pay the debts to the creditors.

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< p > 5. the contract is written in two languages, English and Chinese, and is equally authentic.

The two sides hold 2 copies of the English and Chinese texts respectively (Japanese and Japanese two languages).

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< p > 6. the annex of this contract is an integral part of this contract and has the same effect as the body of the contract.

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< p > 7. any change, amendment or increase or decrease of the terms of this contract shall be signed by the authorized representative after the agreement has been agreed by both parties, and shall be deemed as an integral part of this contract and shall be equally authentic.

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< p > 8. during the validity of this contract, the communication between the two sides shall be conducted in English or Chinese. Formal notice shall be sent in registered form in two copies.

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< p > fifteenth statutory address < /p >

< p > Supplier: the company is: the company is: the company is "/p".

< p > address: the address is: "/p", "address": the "address", "the", "the".

< p > Fax: tele: /p.