Exhibit 10.9
AGREEMENT ON TRANSFER OF PATENT
(SUMMARY TRANSLATION)
TRANSFEROR:
Kunjie Zhuang
Address: Xxxx X0-000, Xxxxxxxx Xxxxxx, Xxxx District, Xiamen, Fujian Province
TRANSFEREE:
Shenzhen GrenTech Co., Ltd.
Legal Representative: Xxxxxxx Xxx
Address: Xxxx 0000, 00xx Xxxxx, Xxxx Xxxxx, Xxxxx 4, Saige Science & Technology
Park, Huaqiang Road North, Futian District, Shenzhen
Whereas the Transferor has lawful ownership to Multilocular Filter with Low
Loss, High Selectivity and High Power, with Patent Number: ZL200320110871.6 (the
"PATENT") and agrees to transfer the Patent to the Transferee free of charge.
Whereas the Transferee is willing to accept the transfer of the aforesaid Patent
by the Transferor and to implement the underlying technology under the Patent.
Both parties hereby enter into this agreement:
Section I The Transferor hereby transfers the Patent to the Transferee free
of charge.
Section II The Transferor shall submit all necessary documentation required
by the Patent Bureau of China for registering transfer of the
Patent.
Section III Within ten days after the signing of this Agreement, the
Transferor shall deliver the complete set of documents relating
to the Patent to the Transferee, including the application,
notice of acceptance of application, notice of power of attorney,
patent certificate and announcement. The Transferor shall also
assist the Transferee in implementing the technology under the
Patent.
Section IV Upon the completion of the transfer hereunder, where a third
party submits a claim to the Patent Bureau of China to challenge
the validity of the Patent, both the Transferor and the
Transferee shall jointly respond to the claim.
Where a third party brings a proceeding against the Transferee
for infringement of any patent rights due to the Patent
subsequent to the completion of the transfer hereunder, both the
Transferor and the Transferee shall jointly respond to the
proceeding and bear the consequences of the dispute.
Section V Upon the completion of the transfer of the Patent, the Transferee
shall own the Patent. The Transferor shall not attempt to
transfer or license the Patent to any third party.
Section VI This Agreement shall come into effect upon due execution by both
parties, and the transfer of Patent shall come into effect upon
its registration with and announcement by the Patent Bureau of
China.
Section VII Any dispute arising from this Agreement shall be resolved through
friendly negotiation between the parties. Where a dispute cannot
be resolved through negotiation, either party is entitled to
bring a lawsuit at any people's court with jurisdiction.
Section VIII This Agreement is done in three counterparts, each having equal
effect.
TRANSFEROR: TRANSFEREE
/s/ Kunjie Zhuang /Seal/ Shenzhen GrenTech Co., Ltd.
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/s/ Xxx Xxxxxxx
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Date: April 11, 2005
