Perennial intellectual property advisory contract
Employed by: _________
Legal representative: _________
Employed unit: _________
Legal representative: _________
Party A has hired Party B as a consultant for intellectual property rights throughout the year due to business needs. The two parties have reached an agreement as follows:
Article 1 Party B shall assign Party B to accept Party A's appointment and assign _________ to be Party A's perennial intellectual property rights advisor. Party A agrees with the above-mentioned designation and recognizes that Party B may temporarily assign other persons to cooperate with the designee to complete Article 2 If the work situation and/or the designated person is unable to perform his duties for any reason, Party A's other designated person may temporarily replace the more urgent affairs with the consent of Party A. However, Party B's replacement design must be approved by Party A.
Article 2 The scope of services of Party A's daily legal scope:
2.1 to answer legal advice, make legal advice or issue legal opinions orally or in writing on the legal issues involved in Party A's daily practice;
2.2 Review and revise various types of contracts, agreements or other legal files signed by Party A for business activities with third parties; propose amendments and legal advice;
2.3 At the request of Party A, witness the various legal documents signed by Party A;
2.4 Assist Party A to participate in negotiations and consultations on more important business activities and provide analysis and argumentation;
2.5 Entrusted by Party A to sign, deliver or collect legal files on their behalf;
2.6 Entrusted by Party A to keep the legal files that Party A requires Party B to keep in good faith;
2.7 Conduct legal arguments on the disputes that Party A has, faced and/or may have, propose solutions, and issue legal opinions;
2.8 Entrusted by Party A to file a claim with a third party that infringes or damages the lawful rights and interests of Party A;
2.9 Assist Party A to improve relevant legal affairs of internal management and make legal recommendations;
2.10 All types of litigation, arbitration and/or administrative punishment cases that Party A has incurred in economic activities shall be separately agreed upon;
2.11 Party A's enterprise restructuring, mergers and acquisitions, acquisitions, bankruptcy, listing, financing, real estate development, land transfer, investment, establishment of new companies, mergers/distributions, shareholding companies, equity transfers, and other types of economic activities The special legal affairs of major projects and legal consultants who have worked for more than 4 hours at a time are not within the scope of this contract service and must be agreed upon separately;
2.12 Party B's service scope does not include the writing and drafting of various types of contracts, agreements, rules and regulations;
2.13 In this contract, Party B's service scope does not include Party A's holding company, subsidiaries or other related companies;
2.14 In the specific case implementation of Articles 2.10 to 2.13 of this Article, if Party B is entrusted, Party B shall go through the entrustment formalities with Party B and issue a power of attorney to Party B's lawyer. The agent fee must be paid separately to Party B, and Party B will give a discount on the fee.
Trademark services:
2.15 to give oral or written answers to questions about Party A's daily trademarks, to make legal opinions or to issue legal opinions;
2.16 Review and revise all relevant trademark legal documents, and represent the application, alteration, transfer, invalidation of domestic and foreign trademarks;
2.17 In respect of Party A's trademark infringement issues including accusation of infringement by others or alleged infringement by others, or argumentation against market infringement and counterfeiting, the issuance of lawyers' opinions and solutions;
2.18 Legal opinions on the trademark rights disputes that Party A has, faced or may have occurred, including the application being rejected, dissenting by others, being revoked by others, dissuading others, revoking trademark registration, etc. ,Propose solutions;
2.19 Advising and issuing a letter of advice on the overall planning of Party A's trademark strategy;
2.20 Party A makes oral recommendations or issues legal opinions on the creation of trademarks, the use of trademarks, the management of trademarks, the protection of trademarks, the licensed use of trademarks, and the market operation of trademarks;
2.21 The specific case implementation of 2.17 to 2.20 legal affairs listed in this Article, if entrusted to Party B, shall be subject to the entrustment formalities with Party B. At the same time, Party A shall pay the agency fee to Party B separately, and Party B shall charge Give a discount on it.
Patent service scope
2.22 Advising on the company's patent strategy, organizational structure, staffing and working methods;
2.23 Provide consulting, literature monitoring and retrieval of domestic and foreign patents of partners or competitors;
2.24 Acting for domestic and foreign inventions, utility models and design patent applications, including: electronics, electrical, communications, computer technology, machinery, medicine, pesticides, veterinary drugs, chemicals, materials, biology and biochemistry, and environmental protection;
2.25 proxy review request and invalidation request;
2.26 Legal services on patent disputes and infringements, including consultation, market surveillance, customs filing of patent rights, investigation and evidence collection, out-of-court mediation, application for administrative mediation and litigation;
2.27 Issue a legal opinion on whether it is patentable and infringes the patent rights of others;
2.28 Accepting an entrustment to file an administrative lawsuit with the court on the decision of the review of the patent application and the invalidation of the patent;
2.29 Intermediary negotiation, contract drafting and mapping investigation of technology transfer and patent implementation license;
2.30 Provide legal opinions for technological transformation projects involving intellectual property rights in large-scale investment, joint venture, and introduction of technology and equipment, etc.;
2.31 Other matters concerning patent protection.
2.32 For the specific case implementation of the 2.23 to 2.31 legal affairs listed in this Article, if the agent is entrusted to Party B, the entrustment formalities shall be separately processed, and the agency fee shall be paid separately to Party B, and Party B shall give preferential treatment to the fees.
Software service scope
2.33 Make oral or written answers to questions about Party A's daily computer software registration and copyright registration, and submit legal opinions or issue legal opinions;
2.34 Agent computer software registration and copyright registration;
2.35 Provide professional advice or issue legal opinions on Party A's computer software program and copyright protection, management rules and regulations, employee confidentiality system, and brand strategy implementation;
2.36 Provide solutions and actions for software development, retrieval, transfer, licensing negotiations, drafting, modification and mapping, dispute resolution, infringement and evidence collection, administrative investigation and even legal proceedings;
2.37 The specific case implementation of 2.34 to 2.36 legal affairs listed in this Article, if entrusted to Party B, shall be subject to separate entrustment procedures, and Party B shall be paid separately to Party B, and Party B shall give preferential treatment to the fees.
Article 3 Working methods
3.1 Party B shall act as the agent of Party A's perennial intellectual property rights consultants in accordance with the time and place agreed upon by Party A and Party B in advance. If Party B is unable to work for any reason, Party A shall notify Party A in advance. Party A shall handle the matter at any time. If there is no special circumstances, the appointed consultant shall accept it in a timely manner.
3.2 Party B shall provide legal services in accordance with the requirements of Party A's representative and its designated contacts. In this contract, Party A is designated as the contact person of the consultant, responsible for transmitting the instructions and requirements of Party A, and transferring the files and materials.
Article 4 Intellectual Property Rights Consultant Fees and Case Handling Fees
4.1 The parties agree that Party A shall pay Party B the intellectual property rights advisory fee of _________ yuan per year. The payment period is: Party A shall pay the consultant service fee within seven days from the date of signing this agreement. Payment method: cash / check / promissory note / money order / wire transfer
4.2 The following handling costs incurred by the appointed consultant in handling the entrusted matters of Party A shall be borne by Party A:
a. Fees collected by various governments, courts, industry officials and statutory intermediaries;
b, _________ travel, accommodation, vehicles and ships and all miscellaneous expenses incurred outside the city;
c. All communication expenses incurred in handling Party A's affairs;
d. Investigate and collect samples, record audio and video, search and inquiry, notarization and technical appraisal fees.
Article 5 Obligation of Party A
5.1 In order for Party B to correctly complete the matters entrusted by Party A, Party A shall truthfully provide relevant information and information according to the requirements of Party B and assume the responsibility of good faith;
5.2 Pay the consulting fee to Party B in full and on time and the handling expenses of Party B's actual expenses;
5.3 Provide the necessary facilities for Party B to handle the matters entrusted by Party A; if necessary, materials, files, transportation and other conveniences;
5.4 Be considerate of Party B's professional ethics, and do not force Party B to issue legal files that violate its professional conduct. Party A shall respect the right of the appointed agent to make professional judgments based on the law and independent of interference.
Article 6 Obligations of Party B
6.1 Party B shall, in the most effective time, diligently and conscientiously complete the matters entrusted by Party A, and make professional judgments in accordance with the law, and strive to safeguard the legitimate rights and interests of Party A;
6.2 Party B shall be responsible for the confidentiality of the information and information provided by Party A to Party B in order to deal with Party A's entrustment matters. Except for other persons who have the right to know such information under the laws of the State, Party B shall not Any organization or individual disclosure;
6.3 Party B shall not violate professional discipline and may not engage in the same legal services in the other party who has serious interests with Party A without Party A's consent.
6.4 The designated agent shall only accept the legal representative of Party A's legal representative or contact person, and shall not accept the entrustment or consultation of other employees of Party A at will, and provide legal opinions that are not conducive to Party A.
Article 7 Entry into force and termination of the contract The validity period of this contract is open and shall take effect from the date of signature of this contract. If both Party A and Party B want to terminate this contract, they should notify the other party in writing two months in advance. If there is no written notice, it is deemed to have agreed to renew the contract, and this contract will continue to take effect.
Article 8 Change of Contract If either party requests to change the terms of this contract, the parties shall negotiate and sign the change agreement. Any content that has not been altered in writing shall not have legal effect on both Party A and Party B.
Article 9 Others
9.1 Matters not covered in this contract will be resolved by mutual agreement. In the event of disputes arising from the performance of this contract, the parties shall also resolve the dispute through negotiation. If the negotiation cannot be resolved, both parties may submit the arbitration to the _________ Arbitration Commission, and the Arbitration Rules of the Association shall apply to the arbitration.
9.2 This contract is made in two copies and each party holds one copy.
person A person B:_________
Authorized by: _________ Authorized by: _________
_________Year ____________________________________________________________________________________________________________________________________________________________________________________________________________
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