The Latest Chinese And Foreign Patent Licensing Contracts

< p > patent technology licensing contract at home and abroad < /p >

< p > signing time: /p.

< p > signing place: "/p".

< p > Contract No.: "/p".

< p > directory < /p >

< p > the first definition is < /p >.

< p > second contract < /p >

< p > third contract price < /p >.

< p > Fourth payment terms < /p >

< p > > delivery and improvement of fifth data < /p >

< p > sixth infringement and guarantee < /p >.

< p > seventh taxes and fees < /p >

< p > eighth dispute resolution < /p >

< p > ninth entry into force of contract and other < /p >

< p > annex > /p >

< p > Appendix 1 the name, content and application of patent information (omitted) < /p >

< p > annex two the type, specifications and technical parameters of the contract products (omitted) < /p >

< p > annex three: the starting time and method of calculating royalty rates (< /p >).

< p > annex four contents and methods of the checking account of the pferor (< /p >).

< p > body > /p >.

(P) the company is the one of the company. The company is the one of the company. The company is the other party. < /p >

< p > in view of the pferor's patent holder of technology, /p <

< p > in view of the right of the pferor, it also agrees to grant the pferee the right to use the patent right, the manufacturing power and the product of the patent technology of the company. < /p >

< p > in view of the pferee's desire to use the patented technology of the pferor to manufacture and sell products; < /p >

< p > authorized representatives of the two sides agreed to conclude this contract on the following terms through friendly negotiation.

< /p >

< p > the first definition is < /p >.

< p > 1. "patented technology" refers to the technology listed in Annex I to this contract. The technology has been granted the patent right by the Chinese Patent Office of the Chinese patent office in the year of the year.

< /p >

< p > 2. "Transferor" refers to the company of the company, or the legal representative, agent and property successor of the company.

< /p >

P > 3. "assignee" refers to the company, or the company's legal representative, agent and property successor.

< /p >

< p > 4. "contract products" refers to the products listed in Annex II to the contract.

< /p >

< p > 5. "contract factory" refers to the factory which produces the contract products. The factory is located in the city of China.

< /p >

< p > 6. "net selling price" refers to the balance of the sales invoice price of a contract product after deducting the cost of packing, pportation, insurance, commission, business discount, tax and purchase.

< /p >

< p > 7. "patent information" refers to the relevant information listed in Annex I to this contract.

< /p >

< p > 8. "effective date of contract" means the date of approval of the last party of the relevant authorities of this contract.

< /p >

< p > second contract < /p >

< p > 1. the pferee agrees to obtain the right to design, manufacture and sell the contract products from the pferee and the pferee.

The names, models, specifications and technical parameters of the contract products are detailed in annex two to the contract.

< /p >

< p > 2. the licensor grants the pferee the right to design, manufacture, contract, use, sell and export the contract products in the state of the company. This right is exclusive and non pferable.

< /p >

< p > 3. the pferor is responsible for providing patent information to the pferee, including the name, content, application and patent number of the patent. Details are shown in Appendix 1 to the contract.

< /p >

< p > 4. in the execution of the contract, the pferee is obliged to provide the assignee at the most favorable price if the pferee needs the Licensor to provide the technical service or part of the spare parts or raw materials needed for production. At that time, the two sides will negotiate the contract separately.

< /p >

< p > 5. the pferor agrees that the pferee shall use the trademark right, and may use the joint trademark of both parties on the contract product or the word "manufactured according to the Licensor's license".

< /p >

< p > third contract price < /p >.

< p > 1., according to the content and scope of the second regulations, the price is calculated by royalty in this contract, and the currency in valuation is US dollars.

< /p >

< p > 2. the calculation time of the royalty rate of this contract starts from the first month of the month after the effective date of the contract. According to the calendar year, December 31st is the settlement date of the royalty.

< /p >

< p > 3. the royalty rate is calculated according to the net sales price after the sales of the contract products for the year. The royalty rate is%. The royalty rate shall not be calculated if the contract products are not sold.

< /p >

< p > 4. within 10 days after the settlement date of the royalty payment, the pferee shall submit the sales volume, net sales and royalty fees of the contract products to the pferee in written form in the form of written notice, and the detailed calculation method of the net sales and royalty rates shall be detailed in Annex three to the contract.

< /p >

< p > 5. the pferor shall notify the pferee within 10 days after receiving the written notice from the pferee in accordance with the third, fourth paragraph if he needs to check the accounts of the pferee. The details of the audit contents and procedures are detailed in Annex four to the contract.

< /p >

< p > Fourth payment terms < /p >

< p > 1. the royalty fee stipulated in the third clause of this contract shall be paid to the pferor through the Bank of the bank (the business bank of the pferee) and the Bank of the bank (the business bank of the pferee here). The currency used in the payment is US dollars.

< /p >

< p class= "P0" style= "margin-top: 0pt; margin-bottom: 0pt" > span style= "font-family:" span ";" ","

< p > < --EndFragment-- > 2. the pferor shall issue the relevant documents immediately after receiving the written notice issued by the pferee in accordance with the provisions of the third third, fourth paragraphs. The pferee shall pay the royalty within 30 days after receiving the following documents issued by the pferor, that is, the royalty shall be paid: < /p >

< p > A. deducting fee is calculated in a single form of four copies; < /p >

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

There are two copies of sight draft P > C..

< /p >

< p > 3. in accordance with this contract, the pferee shall be entitled to deduct directly from the above payment if the pferor is required to pay the penalty or compensation to the pferee.

< /p >

< p > > delivery and improvement of fifth data < /p >

< p > 1. the pferor shall provide the pferee with the name and content of the patent information, and the relevant directions of the patent office's application for patent according to the provisions of annex two to the contract.

< /p >

< p > 2. the pferor shall, when signing the contract, deliver the patent data specified in the fifth first items to the pferee.

(Note: because patent information is readily available, the pferor is required to submit it when signing the contract.

< /p >

< p > 3. during the validity period of the contract, the two parties should provide free improvement and development of technical information to the other party for the improvement and development of the technology involved in the contract products.

< /p >

< p > 4. improvement and development of technology, the ownership belongs to the improvement and development party, and the other party shall not make use of these technical data to apply for patent and pfer to the third party.

< /p >

< p > sixth infringement and guarantee < /p >.

< p > 1. the pferor guarantees that it is the lawful holder of all the patent technology and patent information of the contract and has the right to assign it to the pferee. If the third party accuses of infringement during the execution of the contract, the pferor shall be responsible for negotiating with the third party and bear all legal and economic responsibilities arising therefrom.

< /p >

< p > 2. the Licensor guarantees that the patent covered in this contract is valid and lawful during the execution of the contract.

If the patent is invalidation due to the reason of the Licensor, the pferor shall reimburse the pferee to the pferee after the invalidation of the patent and pay interest to the pferee on the basis of the annual interest plus% of the interest.

< /p >

< p > 3. when the contract is valid, the pferor shall pay the patent maintenance fee on time in accordance with the relevant provisions of the Patent Office of the recipient country, so as to maintain the validity of the patent.

< /p >

< p > 4. during the execution of the contract, if the legal nature of the patent involved in this contract has changed, the pferor shall immediately notify the pferee in writing, and then negotiate the execution of this contract again.

< /p >

< p > seventh taxes and fees < /p >

< p > 1.________ the government shall collect all the taxes and duties imposed by the pferee on the basis of its current tax law and shall be borne by the pferee.

< /p >

< p > 2.________ the government shall collect all taxes and charges relating to the pferor and the execution of the contract in accordance with its current tax law.

< /p >

< p > eighth dispute resolution < /p >

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

< /p >

< p > 2. when the two sides fail to reach an agreement through negotiation, they shall submit to the arbitration agency of the State Council of the people's Republic of China, or the relevant court of the State Council of the people's Republic of China.

If it is to appeal to arbitration, the Arbitration Commission shall arbitrate in accordance with the provisional rules of procedure of the association in accordance with the provisional rules of procedure of the Arbitration Commission. If it is passed < a href= "http://www.91se91.com/news/index_c.asp > > /a >, the court of the place where the pferee is located shall hear it according to the relevant laws of the country.

< /p >

< p > 3. < a href= "http://www.91se91.com/news/index_c.asp" > arbitration > /a > ruling or court decision is final and binding on both parties.

< /p >

< p > 4. the arbitration fee or litigation fee shall be borne by the losing party.

< /p >

< p > 5. in the handling of disputes, other parts of the contract will continue to be executed except for the part of arbitration or litigation.

< /p >

< p > ninth entry into force of contract and other < /p >

< p > 1. the contract is signed by the authorized representatives of both sides.

Each party shall apply for approval to its respective authorities separately, with the date of ratification of the last party as the date of entry into force of this contract.

Both parties should try their best to obtain the approval of the contract within 90 days, and then notify the other party by telex and confirm it by letter.

< /p >

< p > 2. < < a href= > http://www.91se91.com/news/index_c.asp > > Contract > /a > 6 months from the date of signature. If both parties fail to enter into force, both parties have the right to cancel the contract. Once the contract is cancelled, the pferee shall return the patent information specified in fifth articles to the pferor.

< /p >

< p > 3. the validity period of this contract is calculated from the effective date of the contract. The contract will automatically become invalid after the validity of the contract.

< /p >

< p > 4. after the invalidation of this contract, if the patent involved in the contract is still valid, the pferee shall not continue to use the patent. If it is necessary to continue to use the contract, it shall renew the contract with the pferor. If the patent involved in the contract fails as soon as the contract becomes invalid, the pferee may continue to use the patent without paying any fee to the pferor.

< /p >

< p > 5. when the expiration of this contract, the unissued claims and debts issued by both parties shall not be affected by the expiration of the contract, and shall continue to fulfill their respective responsibilities.

< /p >

< p > 6. in the execution of the contract, any changes, modifications and additions and subtractions to the terms of the contract shall be agreed and signed by the two parties, and shall be written in < /p >.

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

< /p >

< p > 7. the contract is composed of articles 1 to ninth and Annexes 1 to four. The body and annexes of the contract are inseparable and have the same legal effect.

< /p >

< p > 8. the contract is written in English, and each side holds two copies.

Within the validity period of the contract, the parties shall carry out the formal notice in English, and they shall be sent by registered airmail in two copies.

The legal addresses of the parties to the contract are as follows: < /p >

< p > A.: the pferee: the company is /p.

< p > address: "/p".

< p > telex: "/p".

< p > Fax: /p.

< p > B.: pferor: the company is "/p".

< p > address: "/p".

< p > telex: "/p".

< p > Fax: /p.

< p > the pferee: it is the "Transferee": "/p".

< p > address: /p.

< p > postal code: "/p".

< p > Tel: TK, TK, TK, /p, TM, TM, TM, TD, TM, TD, TD, TD, TD, TD, TD, TD, TD, TD, TD, TD, TD, TD, TD, TD, TD, TD, TD, TD, TD, TD, TD, TD, TD, t

< p > telex: /p.

"P >" (signature): "/p".

< p > > /p years.

< p > the pferor: it is called "/p".

< p > address: /p.

< p > postal code: "/p".

< p > Tel: TK, TK, TK, /p, TM, TM, TM, TD, TM, TD, TD, TD, TD, TD, TD, TD, TD, TD, TD, TD, TD, TD, TD, TD, TD, TD, TD, TD, TD, TD, TD, TD, TD, t

< p > telex: /p.

"P >" (signature): "/p".

< p > > /p years.