Taking the purchase and sale contract signed by both parties (hereinafter referred to as the "contract") as an example, the intellectual property clauses in the contract include:
1. Party B owns all intellectual property rights of the software under this contract.
The software provided by Party B must conform to the national regulations on software products and software standards and specifications.
If the software delivered by Party B and approved by Party A needs to be registered, filed, approved or licensed by the relevant state departments, Party B shall ensure that the provided software has completed the above procedures.
2. Party A has the permanent right to use the software according to this contract.
Without authorization, the software sold by Party B to Party A is only for Party A's own use (including Party A's branches at all levels and shareholding holding companies), and Party A promises not to copy, duplicate, disclose or sell the software developed by Party B to a third party, otherwise Party B will investigate Party A's legal responsibilities and liabilities for breach of contract.
3. Party B promises that it owns all the intellectual property rights of the software under this contract. If there is an intellectual property dispute over the software sold by Party B to Party A, Party A will not bear any joint liability.
Party B guarantees that the software under this contract or the rights granted to Party A will not infringe any third party's intellectual property rights or other rights, such as copyright, patent right or trademark right, or infringe any third party's exclusive right to information, and there are no other pending lawsuits against Party B's right to own the software.
Party A's exercise of the software rights granted by Party B will not infringe the legal rights of any third party.
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legal ground
Article 5 of the Provisions of the Supreme People's Court on the Applicable Law in the Trial of Patent Dispute Cases.
A lawsuit brought for patent infringement shall be under the jurisdiction of the people's court in the place where the infringement occurred or the defendant's domicile.
Infringement includes: the place of manufacture, use, promised sale, sale or import of the product accused of infringing the patent right of invention or utility model; The place where the patented method is used, and the place where the products directly obtained according to the patented method are used, promised to be sold, sold and imported; The place where the act of manufacturing, promising to sell, selling and importing the patented product of design takes place; Places where counterfeiting other people's patents is carried out. Article 5 of the Provisions of the Supreme People's Court on the Applicable Law in the Trial of Patent Disputes, the place where the infringement result of the above-mentioned infringement occurred.
A lawsuit brought for patent infringement shall be under the jurisdiction of the people's court in the place where the infringement occurred or the defendant's domicile.
Infringement includes: the place of manufacture, use, promised sale, sale or import of the product accused of infringing the patent right of invention or utility model; The place where the patented method is used, and the place where the products directly obtained according to the patented method are used, promised to be sold, sold and imported; The place where the act of manufacturing, promising to sell, selling and importing the patented product of design takes place; Places where counterfeiting other people's patents is carried out. The place where the infringement result of the above-mentioned infringement occurs.