Party A's ID card: _ _ _ _ _ _ _ Party B's ID card: _ _ _ _ _ _ _ _ _
Party A's telephone number: _ _ _ _ _ _ _ Party B's telephone number: _ _ _ _ _ _ _ _ _ _ _ _ Party B's telephone number: _
Address of Party A: _ _ _ _ _ _ _ _ Address of Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
in view of
Party B owns the patented technology described in the contract;
Party B has the right and agrees to grant Party A the right to use, manufacture and sell the patented technology;
Party A wishes to use Party B's patented technology to produce and sell the contract products;
After friendly negotiation, the authorized representatives of both parties agree to sign this contract according to the following terms.
The first definition
The meanings of the following words in this contract:
1. 1 patented technology refers to the patents and patent applications that Party B currently owns or will acquire in the future and/or has the right or may have the right to control, or are licensed for transfer in any country in the world within the validity period of this contract, and are applicable or may be applicable to the manufacture of products under this contract.
1.2 contract products refer to the designated products and their improved products.
1.3 Party A refers to _ _ _ _ _ _ _ _, or the legal representative, agent or property heir of the company;
1.4 Party B refers to _ _ _ _ _ _ _, or the legal representative, agent or property successor of the company;
1.5 the contract factory refers to the place where the contract products are produced, that is, _ _ _ _ _ _ _ _ _ _;
1.6 spare parts refer to spare parts used to replace the contract products or any part thereof;
1.7 parts refer to the parts and spare parts of the contract products that Party B allows Party A to produce and sell in writing at any time;
1.8 technical data refers to the engineering, manufacturing and original data related to the manufacturing and maintenance of the contract products, including drawings, blueprints, design charts, material specifications, photos, photocopies and general data, designs and specifications related to manufacturing equipment, tools and devices. However, the above information is limited to the information owned by Party B and the information used by Party A for the business activities of this contract;
1.9 The net sales price refers to the invoice amount after deducting the packaging fee, installation fee, transportation fee, commercial and quantity discount, commission, insurance policy and tax of the contract products;
1. 10 The effective date of the contract refers to the date when the management agencies and relevant departments of both parties to the contract approve the contract.
Article 2 Contents and Scope of the Contract
2. 1 Party A agrees to obtain from Party B, and Party B agrees to transfer the patented technology of the contract products to Party A ... The technology shall be completely consistent with the technology of Party B's latest products.
2.2 Party B authorizes Party A to design and manufacture the contract products in China in a non-exclusive way, and to sell and export the products.
2.3 Party B shall provide Party A with the patent technical data, specific contents and payment time related to the contract products and accessories required by the prototype.
2.4 The products in this contract do not include the patented technology of the parts purchased by Party B, but Party B must ask Party A to provide the samples and technical specifications of the purchased parts and the name of the manufacturer.
2.5 Party B is responsible for receiving and arranging the technical personnel trained by Party A to Party B, and Party B shall make efforts to make them master the patented technology of the above-mentioned contract products.
2.6 Party B is responsible for sending technicians to Party A for technical services at its own expense.
2.7 If Party A needs it, Party B agrees to provide Party A with the spare parts, materials and accessories of the contract products at the most favorable price. The specific content shall be negotiated separately by both parties.
2.8 Party B agrees that Party A has the right to use its trademark, and may also use the joint trademark of both parties on the contract products, or indicate the words manufactured under the permission of the seller.
Article 3 Contract Price
3. 1 According to the content and scope stipulated in Article 2. The contract price is calculated in terms of royalties and the currency is _ _ _ _ _ _ _.
3.2 The royalty of this contract shall be calculated from the month after the contract comes into effect, and calculated by calendar year, and the settlement date of the royalty shall be1February 3 1 day every year.
3.3 The royalty rate is _ _ _ _ _% based on the net sales price of contracted exports in that year. If the contracted products are not sold, the royalty fee shall not be calculated.
3.4 Within 65,438+00 days after the settlement date of royalty, Party A shall submit to Party B the sales quantity, net sales and royalty payable of the contract products in the previous year, as well as the specific calculation methods of net sales and royalty.
3.5 According to the patent license of this contract, the contract products sold by Party A shall be deemed to have been sold upon payment.
3.6 If the sold contract products are returned or discounted after paying the patent fees, Party A has the right to deduct the overpaid patent fees from the patent fees paid later.
3.7 If Party B needs to audit the accounts of Party A, Party B shall inform Party A of its specific audit contents and procedures within 10 days after receiving the written notice issued by Party A in accordance with Article 3.4 above.
Article 4 Payment Terms
4. 1 the royalty stipulated in article 3 of this contract shall be paid by party a to party b through _ _ _ _ _ _ _ _ _ _.
4.2 Party B shall issue relevant documents immediately after receiving the written notice issued by Party A according to Article 3.4, and Party A shall issue the following documents within 30 days after receiving it. Upon verification, the royalty shall be paid to Party B:
(1) Royalty is calculated in quadruplicate;
(2) Commercial invoice in quadruplicate;
(3) A draft at sight.
4.3 According to the provisions of this contract, if Party B needs to pay a fine or compensation to Party A, Party A has the right to directly deduct it from the above sum.
Article 5 Technical Services and Training
5. 1 technical services
(1) Party B shall send a technical expert to Party A within the validity period of the contract to explain the drawings and technical data of the contract products, and provide technical guidance in product design, manufacturing, debugging, inspection and maintenance, so that Party A can adopt domestic materials and components as soon as possible to realize the production of the contract products while ensuring the performance of the contract products.
(2) During the validity of the contract, Party B will send technicians to Party A for two technical services, totaling * * * _ _ _ _ _ _ _ _ _ _ _ _ _.
(3) The first technical service was in the sixth month after the contract came into effect. Party B sent/kloc-0 technicians to Party A's factory to provide technical guidance for _ _ _ _ _ _.
(4) The second technical service is during the acceptance of the contract products. Party B will send 1 technicians to Party A's factory to provide technical services for _ _ _ _ _.
(5) Party B shall bear the travel expenses of its personnel. Party A shall bear the transportation and accommodation expenses from the station to the factory.
5.2 Technical training.
(1) Party B is responsible for training Party A's technical personnel, so that Party A's trainees can master the skills of contract product design, performance testing, processing technology, assembly technology and quality inspection, so that Party A can make use of the information and professional knowledge provided by Party B to manufacture products with the same quality as Party B's products in the contract factory. Party B shall, as far as possible, arrange for the trainees of Party A to visit the production process of manufacturing outsourced parts of the contract products and the main users of the contract products.
(2) During the agreement period, Party A's trainers will go to Party B for training in two batches within _ _ _ _ _ _ _ _ _.
(3) The first batch of training will take place in the third to fourth months after the contract comes into effect, and Party A will dispatch _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _