In accordance with the relevant provisions of the Contract Law of the People’s Republic of China, and based on the principles of equality, mutual benefit and good faith, Party A and Party B agree as follows after consultation:
一、受委托方接受委托方委托,代理委托方向指定国家知识产权局办理知识产权代理业务,代理详细内容见本协议第二项,商标注 册代理业务同时依据附件《商标注册确认书》,专利申请代理业务同时依据附件《专利申请确认书》版权登记业务同时 依据《版权申请确认书》。
(I)Party B accepts Party A’s entrustment, and act as its agent to handle matters concerning intellectual property at the intellectual property offices of the countries designated by Party A. The details of the entrustment are specified on the second page of the agreement. The business of trademark registration agency shall be also subject to the Attachment “Trademark Registration Confirmation Letter”, and the business of patent application agency shall be also subject to the Attachment “Patent Application Confirmation Letter,and the copyright agency shall be also subject to the Attachment “copyright Application Confirmation Letter.
(I)Party A’s rights and obligations
(I)Party B shall handle the matters concerning intellectual property right application in accordance with the national regulations of each state, and shall keep abreast of the application progress as well as related situations.
2、 委托方委托受委托方办理知识产权申请后不得无故变更或撤销委托,如变更或撤销,相关费用不予退还。
(II)Party A shall not make modifications over the entrustment or cancel the entrustment without cause after appointing Party B as its agent to handle the matters concerning intellectual property application, otherwise, the relevant fees will not be refunded.
3、 委托方有义务在申请前和过程中及时提交必要的申请材料,办理相关手续,并保证材料和证件真实、齐全、有效。
(III)Party A is obliged to, before and during the course of application, submit the application materials required in advance and go through relevant procedures, and shall ensure that the materials and certificates are true, complete and valid.
(IV)If Party A changes its company name, address, contact person, or telephone number, etc. during the course of application, it shall be obliged to notify Party B of such changes in writing in a timely manner.
(II)Party B’s rights and obligations:
1、 双方经确认相关知识产权申请信息后,受委托方应当对委托方委托的案件及时、准确上报相关机构。
1、After both parties have confirmed the relevant intellectual property application information, Party B shall promptly and accurately submit the case of Party A to the competent institutions.
2、 受委托方须恪守职责完成委托方所委托事项,并且对委托方所委托事项的内容及所知悉的商业秘密负有保密责任,维护委托方的 合法权益。
2、Party B shall do its job properly and have Party A’s entrustment accomplished. Meanwhile, Party B shall be obliged to keep confidential the contents of the entrustment and the business secrets known by it, and shall safeguard the legitimate rights and interests of Party A.
3、 委托方按上列金额向受委托方支付委托费用,该费用为顺利情况的知识产权申请费和代理费,但如发生非顺利状态下程序(含变更、转让、许可、驳回复审、异议、争议、答复审查意见、答辩及其它诉讼程序等)费用另计。
3、Party A shall pay Party B for the agency services according to the rates stated above, which cover the intellectual property application fee and agency fee when the application goes smoothly, but if the application does not go smoothly and other procedures occur (including modification, transfer, licensing, rejection for re-examination, objection, dispute, reply to examination opinions, defense and other proceedings, etc.), such procedures shall be charged separately.
(III)Liability for breach of contract
(一)、因委托方原因如委托方未指定人员,通讯位址变更,未及时给予工作指示等,造成申请过程受阻,责任由委托方负责。申 请受理后,委托方提供的地址、联系人、电话、邮箱等联系信息任一项变更,应及时以书面形式告知受委托方,当受委托方向委托方 提供的联系方式发送相应文书及通知信息时,均视为送达,包括不限于因地址不详、查无此人、拒签、邮件退件、电话 停机、联系人接收信息后或接听电话后不作为等。
1、If the application is hindered for reasons of Party A, for example, Party A fails to designate a contact person, or its address changes, or it fails to give work instructions in a timely manner, Party A shall be held responsible. After the application is accepted, if any contact information such as address, contact person, telephone number or email address provided by Party A changes, Party A shall promptly notify Party B of such changes in writing. Once documents and notices are sent by Party B to Party A according to the contact information provided by Party A, the documents and notices shall be deemed to have been served, including but not limited to the circumstances that 1) the address is insufficient; 2) there is no person of the name at the address upon check; 3) the contact person refuses to sign for the documents or notices; 4) the mail is returned; 5) the phone service is suspended; or) the contact person takes no action after receiving the information or the call.
2、If the official acceptance receipt is not obtained for reasons of Party B, Party B shall be held responsible.
3、The economic losses and legal liabilities caused by the use of the intellectual property, the registration of which is to be applied for according to the agreement, before a intellectual property certificate is obtained shall be borne by Party A on its own.
(四)、如委托方委托受委托方的专利代理事项有弄虚作假或侵犯他人的合法权益等不正当行为,经发现和证实后,委托方应当 承担相关一切责任,受委托方有权利解除合同,所收费用均不予退回。
4、If the patent entrusted by Party A to Party B has falsified data or it infringes on the legitimate rights and interests of others or Party A has other misconducts, Party A shall bear all relevant responsibilities once found and verified. Party B shall have the right to terminate the contract and the fees will not be refunded.
5、If Party A fails to provide the correct and complete materials required for the patent application on time as required, the risks arising therefrom shall be borne by Party A.
(六)、本合同有效期内,如因受委托方主观过失而造成本协议委托事项申请失败,委托方有权解除代理委托合同,并要求乙 方退还支付的所有费用。
6、During the validity period of this contract, if the matters entrusted by this agreement fails due to subjective negligence of Party B, Party A shall have the right to dissolve the agency contract and ask Party B to refund all the fees paid.
(IV)Termination of the contract
(I ) After this contract is signed, if the application is stopped for reasons of Party A, the contract shall be terminated and the fees charged by Party B shall not be refunded.
(II) The contract shall be terminated when Party B completes the intellectual property application agency obligation stipulated herein.
(一)、如委托受委托方查询检索的商标或专利,根据国际惯例,查询所涉及的信息不含最近申请的盲区信息,不含处于评 审状态的信息,不含根据国际双边或者多边公约、条约、协定等享有优先权的信息,仅供参考,无任何法律效力,查询 结果不作为商标或专利申请不下证书的争议依据。
(I)If Party B is entrusted with the task of conducting a search of existing trademarks or patents, according to international practice, search results will not contain the blind spot data of the latest applications, the data under review status, or the data with priority right according to international bilateral or multilateral conventions, treaties, and agreements, etc. The search results shall be for reference only, without any legal effect, and shall not constitute the basis for disputes of not obtaining the trademark or patent certificate.
(二)、 因每个国家知识产权部门受理形式不同,有些国家受理书原件需要留外方备档或与知识产权部门沟通之用,所 以受理书电子书式、复印件和原件具有同等证明商标已经受理的法律效力。
(II)Because each country’s intellectual property department works differently for the acceptance of the application, in some countries, the acceptance letter is retained by the competent department for record or for the communication with the intellectual property department. Therefore, the e-version and the photocopy of the acceptance letter shall have the same legal force with the original in proving that the trademark application has been accepted.
(三)、受委托方应根据委托方提供的商标和类别、项目等情况,查询并根据查询结果进行初步分析。受委托方将查询和分析结果 告知委托方并向委托方提出建议,申请方案最终由委托方决定。受委托方已告知委托方:因商标申请量大,并且对商标近似的判断存 在主观性,注册有风险,不一定能注册成功,受委托方对商标的查询和分析仅供委托方参考,不作为争议依据。
(III)Party B shall conduct searching according to the trademarks, categories and projects provided by Party A, and shall make a preliminary analysis based on the search results. Party B will inform Party A of the search results and analysis results, and make recommendations to Party A. The ultimate application plan shall be decided by Party A. Party B has informed Party A that due to the large amount of trademark applications and the subjectivity in judging trademark similarity, registration is risky and may not be successful. The searching and analysis results of trademarks conducted by Party A shall be for reference only and not be used as a basis for disputes.
(四)、受委托方已告之委托方知识产权申请过程中存在一定风险,委托方愿意承担官方审核不通过的风险 。
(IV)Party B has already informed Party A that there are certain risks in the application process of Party A’s intellectual property rights, and Party A is willing to bear the risk of not passing the official review.
For matters not covered herein, the two parties may enter a supplementary agreement. In case disputes occur during the valid period of the contract, the two parties shall settle the disputes through negotiation. If negotiation fails, they may submit the disputes to Shenzhen Court of International Arbitration for adjudication.