Intellectual Property Rights (IPR) Protection Framework Agreement

Whereas: mobile operators based on gsm and gprs and their evolution technologies, mobile terminal manufacturers, developers and manufacturers of terminal technologies, value-added service providers voluntarily organize _________ forums, new technologies for mobile terminals, new services and The interoperability between mobile terminals and the carrying capacity of services are studied to form advocative suggestions for mobile terminals in the Chinese-speaking region to jointly promote the development of mobile services in the Chinese-speaking region and meet the increasingly demanding requirements of mobile services.
The authorized representatives of the parties reached an agreement on the implementation of the rights of the parties in the advocacy proposal through friendly consultations in accordance with the "_________ Forum Charter"; agreed to sign this agreement.
Article 1 Definition
1.1 Parties: Refers to all members of this Agreement who have joined this forum.
1.2 Party: means any member of the Forum who has joined this forum and signed this Agreement.
1.3 Other parties: Refers to the members of the forum who have joined the forum in addition to the above-mentioned parties.
1.4 Other parties to the Agreement: Refers to individuals, legal persons or other organizations other than the parties to this Agreement who have signed this Agreement.
1.5 Advocacy Suggestion: Refers to the technical file of a new technology or new business of a mobile terminal that has passed the forum voting program. The file will be widely recommended and applied by members of this forum.
1.6 Right to Subsequent: Refers to the submission of one or more Forum members to this forum. The members or members have the intellectual property rights before and after the entry into force of this Agreement.
1.7 Intellectual property rights: refers to the exclusive rights acquired by one or more members of the forum or the intellectual work of other parties outside the agreement, including but not limited to patent application rights, patent rights, copyright files, technology and related results. Legal rights.
1.8 Licensor: means the party that owns the rights in this Agreement and gives one or more of the other members a license or authorizes the other parties to use it.
1.9 Licensee: means the other parties who have obtained the license or use authorization from the owner of the Agreement in this Agreement.
Article 2 Scope of Licensing Unless otherwise permitted by the Licensor and Licensee's Licensing Agreement on the Intellectual Property Right to the Result, the scope of the license to the results in all research areas covered by this Forum includes, but is not limited to, in China. The company is engaged in the design, development, application, manufacture and sales of mobile terminal products or technologies used in gsm, gprs and its evolution technology fields.
Article 3 Rights and obligations
3.1 Each party shall ensure its own resources and commit to comply with and promote the use of the various advocacy recommendations ultimately formed in this forum.
3.2 Advocacy recommendations adopted by the forum voting program, and other results formed by discussion and research by Forum members, except for the rights and intellectual property rights already owned by the Forum members, other intellectual property rights belong to the Forum members enjoy.
3.3 Forum members should truthfully inform other members of the Forum whether they include intellectual property rights or possible intellectual property rights in the formation of advocacy recommendations. Other forum members should form advocacy recommendations. Previously, he made a claim about the intellectual property rights he owned. If the propaganda proposal is formed and there is information on intellectual property rights that have not been disclosed by the forum members, the parties may re-discuss and vote on the advocacy suggestions according to the relevant forum rules. Before the advocacy proposal is approved by the forum, any member can refuse to include his intellectual property rights in the bill and refuse permission.
3.4 If the above-mentioned advocacy proposal includes a party's entitled results, the party will continue to have all the rights of the party to the results of the right.
3.5 Before the advocacy proposal is approved by the forum, any member may withdraw its proposal and refuse to grant permission to other parties for intellectual property rights. The specific time and handling method will be discussed separately and determined in the relevant rules. However, members of the forum should not arbitrarily withdraw their proposed motion.
3.6 Once adopted by the Forum as an advocacy proposal, members who include their rights in the advocacy proposal may sign a licensing agreement with other members based on the agreement reached by the parties. The signing of the license agreement shall be based on fairness and reasonableness. The principle of non-discrimination. If the member refuses to grant permission, it shall state in writing a reasonable reason and report it to the Council.
3.7 Unless otherwise provided in the License Agreement, the license of intellectual property rights made by Licensor under this Agreement is non-exclusive, non-exclusive, irrevocable and non-transferable. At the same time, Licensor may license to other parties outside the Agreement, the conditions of which are not subject to this Agreement and are at the discretion of the Licensor.
3.8 After the advocacy proposal is approved, other parties may voluntarily sign an agreement with the owner of the entitled results in accordance with Article 3.6. The time and scope of the signing shall be determined by the members themselves.
3.9 For propaganda suggestions not formed in the forum, members who submit the original file have the right to choose their own patent application or other disposal, but should not infringe the legal rights of other forum members.
3.10 Licensing The licensee's scope of authorization and the duration of the license are subject to separate license agreements.
3.11 The parties agree to respect and protect the intellectual property rights of the other parties outside the agreement within this forum. Any party submitting files, materials, and results containing the intellectual property rights of other parties outside the agreement to the forum shall obtain the permission of the rights owner.
Article 4 The licensor of the information relating to the results of the right shall make reasonable efforts to provide the licensee with information relevant to its authorized results in a timely manner. The above information includes, but is not limited to, the number of entitled results; the right to the results specification, the drawings and the claims.
The specific arrangements provided by the above information are implemented in accordance with the license agreement reached between the parties.
Article 5 Confidentiality
5.1 Unless otherwise required by law or reasonably required by this Agreement, all parties to this Agreement and all information relating to this Agreement shall be kept strictly confidential. Neither party may disclose this Agreement and related confidential information to other parties outside the Agreement without the written permission of the other parties.
5.2 This Privacy Policy shall remain in force during the term of this Agreement and after a party withdraws from this Agreement or after the termination of this Agreement.
5.3 The terms of the confidentiality agreement signed by the parties shall apply to the parties' confidentiality obligations under this Agreement.
Article 6 Fees
6.1 Licensor is not obligated to provide any relevant technical support and services to Licensee unless otherwise specified in the License Agreement.
6.2 The costs of the parties that occur under this Agreement, including patent fees, other fees, etc., shall be borne by each party.
6.3 The advocacy suggestions formed by the forum, as well as other achievements formed by the discussion and research of the forum members, shall be borne by the rights owner for the expenses incurred in registering and applying for patents.
Article 7 Notification All formal notices, requests, requests, consents and other communications required or permitted under this Agreement shall be in writing and transmitted by e-mail or other convenient means to the party receiving the notice.
Article 8 Arbitration and applicable law
8.1 Any dispute arising out of or in connection with this Agreement shall first be submitted to this forum, and the parties shall settle it through friendly negotiation. If it fails to reach an agreement within three months, it shall submit it to the _________ Arbitration Commission. Arbitration shall be conducted in accordance with the arbitration rules currently in force at the Arbitration Commission at the time of application for arbitration. The place of arbitration is at _________. The arbitral award is final and binding on all parties involved in the arbitration.
8.2 This Agreement applies the laws of the People's Republic of China.
Article 9 Others
9.1 This Agreement shall enter into force on the signature and seal of the authorized representative of the sponsoring member of this forum and shall be valid for _________ years unless terminated or cancelled in advance in accordance with _________ or the relevant provisions of this Agreement. The parties may, by friendly negotiation, determine whether to extend this Agreement before the expiration of this Agreement.
9.2 Unless otherwise provided by the License Agreement or otherwise agreed by the Forum Members, all licenses granted to Licensee under this Agreement shall terminate upon termination of this Agreement and Licensee shall immediately cease any use of Licensor's wisdom. Property rights or information; and Licensee shall return or destroy all information and archival materials provided by License.
9.3 No party may modify or terminate this Agreement at will without the written consent of the other parties. Any additions, modifications or cancellations to this Agreement shall be made as part of this Agreement upon signature by an authorized representative of the parties and shall have the same legal effect as this Agreement.
9.4 After the entry into force of this Agreement, if any other party wishes to enjoy the rights set forth in the Agreement and assumes the obligations set forth in this Agreement, the other parties to the Agreement shall accede to this Agreement in accordance with the procedures established by the Constitution of the Forum or the relevant working rules. .
9.5 A party withdraws from this forum and withdraws from this Agreement.
9.6 This Agreement is in duplicate and each of the parties to the Agreement and the Forum shall hold one copy with the same legal effect.
Contractor: _________ Contractor: ______
_________Year ____________________________________________