International patent technology license contract

First definition

Second contract scope

Article 3 Contract Price

Article 4 Payment Terms

Article 5 Delivery and Improvement of Information

Six infringements and guarantees

Article 7 Taxes

Article 8 Settlement of Disputes

Article 9: The contract enters into force and other

annex

The name, content and application status of the patent file of the subsidiary file

Model, specifications and technical parameters of the subsidiary contract

The starting time and calculation method of the three commission fees of the attached files

The contents and methods of the sub-file four transferors

Patent technology license contract

____ country, ____ city, ________ company is one party, ____ country ____ city ________ company is the other party; since the transferor is the patent holder of ____ technology; It also agrees to grant the right to use the ________ patented technology, the manufacturing rights and the right to sell the product to the transferee; in view of the fact that the transferee wishes to use the patented technology of the transferor to manufacture and sell the product; the authorized representatives of both parties agree through friendly negotiation. This contract is signed under the following terms.

Article 1 Definition 1. “Patent Technology” means the technology listed in Attachment 1 of this contract. The technology has been approved by the Chinese Patent Office on ________________________________________________________________________________ The patent number is ____. 2. “Transferer” means the ____ country ____ city ____ company, or the legal representative, agent and property successor of the company.

3. “Transferee” means the ____ country ____ company, or the legal representative, agent and property successor of the company.

4. "Contracted Products" means the products listed in the Subsidiary Archives II of the Contract.

5. "Contract factory" means the factory that produces the contract product, which is in the ____ province ____ city, the name ____ factory.

6. “Net sales price” refers to the balance of the sales invoice price of the contract product after deducting the packaging fee, transportation fee, insurance fee, commission, commercial discount, tax, and purchased parts.

7. "Patent Information" means the relevant information listed in Attachment 1 of this contract.

8. “Contract Effective Date” means the date of approval of the last party of the relevant authorities of the contract.

Second contract scope

1. The transferee agrees to obtain from the transferor and the transferor agrees to grant the transferee the right to design, manufacture and sell the contracted product. The name, model, specifications and technical parameters of the contract product can be found in the attached file II of this contract.

2. The transferor grants the transferee the right to design and manufacture the contracted product, use, sale and export of the contracted product in the country of ____, which is non-exclusive and non-transferable.

3. The transferor is responsible for providing the transferee with the patent information of the contract product, including the name, content, application status and patent number of the patent. For details, please refer to Attachment 1 of this contract.

4. In the execution of the contract, if the transferee needs the transferor to provide technical services or a part of the parts or raw materials required for production, the transferor is obliged to provide the transferee at the most favorable price. contract. 5. The transferor agrees to the rights of the transferee to use its trademark, and the contractual product may use the joint trademark of both parties or the words “manufactured according to the permission of the transferor”.

Article 3 Contract Price

1. In accordance with the content and scope of Article 2, this contract uses the commission method to calculate the price, and the currency of the consideration is US dollars.

2. The calculation fee for this contract royalty is calculated from the calendar year after the ____ month after the effective date of the contract, and December 31 of each year is the settlement date of the commission fee.

3. The commission fee is calculated based on the net sales price of the contracted product of the current year, and the commission rate is ____%. If the contract product is not sold, the commission fee should not be calculated.

4. Within 10 days after the settlement fee settlement date, the transferee shall submit to the transferor the sales quantity, net sales and royalties payable, net sales and royalties of the previous year's contract products in the form of written notice. For details of the calculation method, please refer to the attached file III of this contract.

5. If the transferor needs to check the account of the transferee, it shall notify the transferee within 10 days after receiving the written notice from the transferee in accordance with paragraphs 3 and 4, the specific contents of the audit and The program is detailed in Attachment IV of this contract.

Article 4 Payment Terms

1. The royalties specified in Article 3 of this contract shall be paid by the transferee through the ____ bank and the ____ bank, and the currency used in the payment shall be US dollars.

2. The transferor shall, upon receipt of the written notice from the transferee in accordance with the provisions of Article 3, paragraphs 3 and 4, immediately open the relevant documents, and the transferee shall, within 30 days after receiving the following documents issued by the transferor, After the audit is correct, the payment fee is given to the concession: a, the commission fee is calculated in quadruplicate; b, the commercial invoice is in quadruplicate; c, the sight draft is in duplicate.

3. According to the provisions of this contract, if the transferor needs to pay the transferee a fine or compensation, the transferee has the right to deduct directly from the above payment.

Article 5 Delivery and improvement of information

1. The transferor shall provide the transferee with the name and content of the patent information and the direction of the transfer of the patent application by the Patent Office in accordance with the provisions of Attachment 2 of this contract.

2. The transferor shall, at the same time as signing the contract, deliver the patent materials specified in Article 5, paragraph 1, to the transferee.

3. During the period of validity of the contract, if both parties have improved and developed the technologies involved in the contract products, they shall provide each other with technical information for improvement and development free of charge.

4. Improve and develop technology, whose ownership belongs to the improvement and development party, and the other party may not use these technical materials to apply for patents and transfer to third parties.

Article 6 Infringement and Guarantee

1. The transferor guarantees that it is the legal holder of all patented technology and patent materials in this contract, and has the right to transfer to the transferee. If a third party alleged infringement occurs during the execution of the contract, the transferor is responsible for The three parties negotiate and assume all legal and economic responsibilities arising therefrom.

2. The transferor guarantees that the patents involved in this contract are valid and legal during the execution of the contract. If the patent is prematurely invalid due to the transferor's reasons, the transferor shall reimburse the transferee for the fee paid by the transferee after the patent has expired, and add interest at the annual interest rate of ____%, and repay the transfer with the principal. square.

3. During the period of validity of the contract, the transferor shall pay the patent maintenance fee on time in accordance with the relevant provisions of the patent office of the country in which the transferee is located to maintain the validity of the patent.

4. During the execution of the contract, if the legal nature of the patent involved in this contract changes, the transferor shall immediately report the situation to the transferee in writing, and then the parties will negotiate the implementation of the contract.

Article 7 Taxes

1.________ Governments levy all the taxes and fees of the transferee in accordance with its current tax law regarding the execution of this contract shall be borne by the transferee.

2.________ The government levies the transferor in accordance with its current tax law and all taxes and fees related to the execution of this contract are borne by the transferor.

Article 8 Settlement of Disputes

1. All disputes arising out of or in connection with the execution of this contract shall be settled through friendly negotiation.

2. If the parties cannot reach an agreement through negotiation, they shall submit it to the arbitration institution of the ________ country or the relevant court of the ________ country. In the case of arbitration, the arbitration committee of the ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

3. The arbitral award or the judgment of the court is final and binding on both parties.

4. The arbitration fee or legal fee shall be borne by the losing party.

5. In the course of the dispute, the rest of the contract will continue to be executed, except for the part of the arbitration or litigation.

Article 9: The contract enters into force and other

1. This contract is signed by ________ on ____________________________________________________________________________________________________ Each party shall apply to the relevant authorities for approval, with the date of approval of the last party as the effective date of the contract. Both parties should make every effort to obtain approval of the contract within 90 days, then notify the other party by telex and confirm with the letter.

2. If the contract is still not valid for six months from the date of signature, both parties have the right to cancel the contract. Once the contract is cancelled, the transferee shall return the patent information specified in Article 5 to the concession party.

3. The validity period of this contract is ____ years from the effective date of the contract. After the expiration of the validity period, this contract will automatically become invalid.

4. After the contract expires, if the patent involved in the contract is still valid, the transferee may not continue to use the patent. If it needs to continue to use, it shall renew the contract with the transferor; if the contract is invalid, if the patent involved in the contract In the event of a lapse, the transferee can continue to use the patent without paying any fees to the transferor.

5. At the expiration of this contract, the outstanding claims and debts issued by both parties shall not be affected by the expiration of the contract and shall continue to perform their respective duties.

6. In the execution of the contract, any changes, modifications, additions and deletions to its terms must be agreed upon by both parties and signed into a written file, which is an integral part of the contract and has the same effect as the contract.

7. This contract consists of Articles 1 through 9 and Attachment File 1 to Attachment File 4. The body and subsidiary files of the contract are inseparable and have the same legal effect.

8. This contract is in English and each party holds two copies. During the validity period of the contract, both parties shall pass the English language, and the formal notice shall be in writing, and the airmail shall be mailed in duplicate, in duplicate. The legal addresses of the parties to the contract are as follows:

a, the transferee: ____________ Address: ____________ Postal Code: ____________ Telephone: ____________ Telex: ____________ Representative: ____________ ____________________

b. Transferor ____________ Company Address: ____________ Postal Code: ____________ Telephone: ____________ Telex: ____________ Representative: ____________ ____Year ____________