Exclusive license agreement An exclusive license agreement is an international license contract, that is, in a certain region and within a certain period, the transferee enjoys the exclusive right to use the transferred technology, and the supplier and any third party may not use the technology to manufacture and sell products in the region within the specified period. Therefore, the transferee must pay the supplier a fairly high royalty and usage fee.
Urgent need! How to deal with the patent exclusive license agreement? 1. There is no fixed format for this exclusive license, as long as it is stated in the contract terms that the patentee can only license the patent to the transferee within a specific period of time.
2. An exclusive license contract is required. Just take the contract and register in China National Intellectual Property Administration. It's simple.
Is an exclusive license agreement and a patent license contract the same thing? breakdown
What problems need to be solved?
What is a patent for?
Tell me more specifically
Trademarks, patents and copyrights filed by the customs.
National Unified Service Standard 1860 yuan
It only takes 30 working days.
You can finish it.
Beijing sanqin intellectual property agency co., ltd.
Patent exclusive license? Patent exclusive license simply means that the patentee authorizes others to exploit his own patent and may not authorize a third person.
Who owns the patent certificate after the patent transfer? This can be discussed by both parties. The general buyer will ask you for it, because the buyer will also use a copy of the patent certificate when applying for a project or commercial promotion. The certificate book no longer effectively proves the ownership of power. You can apply to the National Information Bureau for a metal certificate as a souvenir.
Did Qualcomm and vivo sign a patent license agreement? Yes, Qualcomm has always been concerned about its own development and innovation. He has reached 3G and 4G agreements with vivo mobile phones. The two companies have cooperated for many years, and Qualcomm has also helped vivo develop better.
Patent: a model of exclusive license contract (agreement), which is in a formal format with Chinese and foreign patent technology license contracts.
Signature time: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Signing place: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
ContractNo.: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
catalogue
The first definition
Article 2 Scope of Contract
Article 3 Contract Price
Article 4 Payment Terms
Article 5 Delivery and improvement of data
Article 6 Infringement and Warranty
Article 7 Taxes and fees
Article 8 Settlement of disputes
Article 9 Entry into force of contract and others
attachment
Appendix 1 Name, content and application of patent information (omitted)
Appendix II Model, Specification and Technical Quotation of Contract Products (omitted)
Annex III Starting Time and Calculation Method of Royalty (omitted)
Annex IV Contents and Methods of the Transferor's Audit Accounts (omitted)
main body
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Whereas the transferor is the patent holder of _ _ _ _ _ _ technology;
Whereas, the transferor has the right and agrees to grant the transferee the right to use, manufacture and sell the _ _ _ _ _ _ _ _ patented technology;
Whereas, the transferee wishes to use the patented technology of the transferor to manufacture and sell the products;
After friendly negotiation, the authorized representatives of both parties agree to sign this contract according to the following terms.
The first definition
1. "patented technology" refers to the technology listed in annex I to this contract, which was approved by the China patent office on.
2. "Transferor" refers to the company of _ _ _ _ _ _ _ _ _ _ _, or its legal representative, agent and property successor.
3. "Transferee" refers to the company located in _ _ _ _ _ _ _ _, or its legal representative, agent and heir to the property.
4. "Contract Products" refers to the products listed in Annex II to the contract.
5. The "contract factory" refers to the factory that produces the contract products, located in _ _ _ _ _ _ _ _ _ _.
6. "Net sales price" refers to the balance of the sales invoice price of the contract products after deducting packaging fees, transportation fees, insurance fees, commissions, commercial discounts, taxes, purchased parts and other expenses.
7. "Patent information" refers to the relevant information listed in Annex I to this contract.
8. "Effective date of the contract" refers to the date approved by the last party of the relevant authorities of both parties to this contract.
Article 2 Scope of Contract
1. The transferee agrees to obtain it from the transferor, and the transferor agrees to grant the transferee the right to design, manufacture and sell the contract products. The name, model, specifications and technical data of the contract products are detailed in Annex II to this contract.
2. Licensor grants Licensee the license to design and manufacture, use, sell and export the Contract Products in _ _ _ _ _ _ _ _.
3. The transferor is responsible for providing the transferee with the patent information of the contract products, including the name, content, use and patent number of the patent. See Annex I to the Contract for details.
4. During the execution of the contract, if the transferee needs the transferor to provide technical services or some parts or raw materials needed for production, the transferor has the obligation to provide them to the transferee at the most favorable price, and then the two parties sign the contract through consultation.
5. The transferor agrees to the transferee's right to use its trademark, and the joint trademark of both parties or the words "manufactured with the permission of the transferor" can be adopted on the contract products.
Article 3 Contract Price
1. According to the content and scope stipulated in Article 2, the price of this contract is calculated in terms of royalties, and the pricing currency is USD.
2. The royalty of this contract shall be calculated from the month after the contract comes into effect, and the settlement date of the royalty shall be 65438+February 3 1 per year.
3. The royalty rate is _ _ _% according to the net sales price of the contract products sold in the current year, and the royalty rate shall not be calculated if the contract products are not sold.
4. Within 65,438+00 days after the royalty settlement date, the transferee shall submit the sales quantity, net sales and royalty payable of the contract products in the previous year to the transferor in the form of written notice. The specific calculation method of net sales and royalty is detailed in Annex III to this contract.
5. If the transferor needs to audit the accounts of the transferee, it shall notify the transferee within 65,438+00 days after receiving the written notice issued by the transferee according to the provisions of Articles 3 and 4. The contents and procedures of the audit are detailed in Annex 4 to the Contract.
Article 4 Payment Terms
1. The transferee will pay the royalties specified in Article 3 of this contract to the transferor through _ _ _ _ _ Bank (here, the commercial bank of the transferee) and _ _ _ _ _ Bank (here, the commercial bank of the transferor) in USD.
2. The transferor shall immediately issue relevant documents after receiving the written notice issued by the transferee in accordance with the provisions of paragraphs 3 and 4 of Article 3. The transferee shall pay the royalties to the transferor within 30 days after receiving and verifying the following documents issued by the transferor:
A. royalty calculation in quadruplicate;
B. commercial invoice in quadruplicate;
C. draft at sight in duplicate.
3. According to the provisions of this contract, if the Transferor needs to pay fines or compensation to the Transferee, the Transferee has the right to directly deduct the above amount.
Article 5 Delivery and improvement of data
1. The transferor shall provide the transferee with the name and contents of the patent information and the relevant information of applying for a patent in the _ _ _ _ _ Patent Office in accordance with the provisions of Annex II to this contract.
2. The Transferor shall deliver the patent information specified in Item 1 of Article 5 to the Transferee when signing this Contract. (Note: As the patent information is ready-made, the transferor is required to submit it when signing the contract. )
3. During the validity period of the contract, if both parties improve and develop the technologies involved in the contract products, both parties shall provide the other party with the technical data of improvement and development free of charge.
4. The ownership of the improved and developed technology belongs to the improved and developed party, and the other party may not use these technical data to apply for a patent or transfer it to a third party.
Article 6 Infringement and Warranty
1. The transferor guarantees that it is the legal holder of all patented technologies and patent materials in this contract and has the right to transfer them to the transferee. During the execution of the contract, if a third party accuses of infringement, the transferor shall be responsible for negotiating with the third party and bear 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 this contract. Where the patent expires early due to the reasons of the transferor, the transferor shall pay the fees paid by the transferee after the patent expires, plus interest at the annual rate of _ _% and pay it to the transferee together with the principal.
3. During the validity of the contract, the transferor shall pay the patent maintenance fee on time in accordance with the relevant regulations of the Patent Office of the country where the transferee is located, so as 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, Licensor shall immediately notify the transferee in writing, and then both parties shall negotiate to execute this contract.
Article 7 Taxes and fees
1._ _ _ _ * * All taxes and fees collected by the transferee in accordance with its current tax laws related to the execution of this contract shall be borne by the transferee.
2. _ _ _ _ _ _ * * All taxes and fees related to the execution of this contract collected by the Transferor according to its current tax laws shall be borne by the Transferor.
Article 8 Settlement of disputes
1. All disputes arising from or related to the execution of this contract shall be settled by both parties through friendly negotiation.
2. If both parties fail to reach an agreement through negotiation, it shall be submitted to the arbitration institution located in _ _ _ country or the relevant court located in _ _ _ _. In the case of arbitration, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
3. The arbitral award or court decision is final and binding on both parties.
4. Arbitration fees or legal fees shall be borne by the losing party.
5. In the process of dispute settlement, except for the part under arbitration or litigation, other parts of the contract will continue to be executed.
Article 9 Entry into force of contract and others
1. This contract is signed by the authorized representatives of both parties on _ _ _ _ _ _. All parties shall apply to their relevant institutions for approval, and the date of approval by the last party shall be the effective date of this contract. Both parties shall do their best to obtain the approval of the contract within 90 days, and then notify each other by telex and confirm by letter.
2. If this contract does not come into effect within 6 months from the date of signing, both parties have the right to cancel the contract. Once this contract is cancelled, the transferee shall return the patent information specified in Article 5 to the transferor.
3. The validity period of this contract is * * * _ _ years from the effective date of this contract, and this contract will automatically become invalid after the expiration.
4. After the expiration of this contract, if the patent involved in the contract is still valid, the transferee shall not continue to use the patent, and if it is necessary to continue to use it, it shall renew the contract with the transferor; After the expiration of the contract, if the patent involved in the contract also expires, the transferee can continue to use the patent without paying any fees to the transferor.
5. At the expiration of this contract, the outstanding creditor's rights and debts of both parties shall not be affected by the expiration of this contract, and they shall continue to perform their respective responsibilities.
6. During the execution of this contract, any change, modification, addition or deletion of the terms of this contract must be agreed by both parties through consultation and signed in writing. These documents are an integral part of this contract and have the same effect as this contract.
7. This contract consists of articles 1 to 9 and annexes 1 to 4. The text and annexes of this contract are inseparable parts and have the same legal effect.
8. This contract is written in English, and each party holds two copies. During the validity of the contract, both parties shall negotiate in English, and the formal notice shall be in written form and sent by registered airmail in duplicate. The legal addresses of both parties to the contract are as follows:
A. assignee: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Telex: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Fax: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
B. Transferor: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Telex: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Fax: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Transferee: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ _
Postal code: _ _ _ _ _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Telex: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Representative (signature): _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Transferor: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ _
Postal code: _ _ _ _ _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Telex: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Representative (signature): _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
With which companies has Qualcomm signed patent licensing agreements? Qualcomm signed a 3G/4G China patent license agreement with Yulong Coolpad. According to the latest decision of the National Development and Reform Commission in February 20 15, it marks the conclusion of Qualcomm's100th patent licensing agreement in China. Up to now, Huawei, ZTE, TCL, Xiaomi, Qiku, Tianyu Langtong, Haier, Lenovo, Gree and other companies have all joined the camp of signing contracts with Qualcomm.
What do you think of Qualcomm signing a patent licensing agreement with OPPO? In fact, I think it is very good, which only shows that the awareness of patent protection is getting stronger and stronger, and further reflects that the environment for respecting and protecting intellectual property rights in China is gradually becoming. Those enterprises that refuse to pay the consideration for using other people's patents are becoming more and more "lonely", just like Meizu, but they really don't recognize their practices.