English Translation of Patent Assignment Agreement
English
Translation of
Preamble
Whereas,
the Assignor (Beijing Huiyuan Duoyuan Digital Technology Institute) owns the
patent for a device for automatic, quick clearing of printing press ink system
with the following details: its patent number being 00254747.3, its publication
number being Hao CN 2447175, its application date being September 25 2001,
and
its duration being 10 years;
Whereas,
the Assignee (Duoyuan Digital Printing Technology Industries (China) Co. Ltd)
has knowledge of the aforementioned patent and desires to obtain such patent;
and
Whereas,
the Assignor agrees to assign such patent to the Assignee;
Both
parties hereby agree to enter into the following agreement:
Article
1 Materials
to be Delivered from the Assignor to the Assignee
| 1. |
All
the
materials submitted to China Patent Office ("CPO") for patent application,
including specifications, claims of the investor’s patent right, appended
drawings, abstracts and appended drawings, written requests, agent
entrustment letter, etc.
|
| 2. |
All
the documents issued by the CPO to the Assignor, including the acceptance
notice, intermediary documents, authorization decision, patent
certificate, etc.
|
| 3. |
Proof
issued by CPO regarding the validity of the subject patent, i.e.,
evidence
on the latest payment of annual fee for such
patent.
|
Article
2 Time,
Place and Method of Delivery
| 1. |
Time
of Delivery
|
After
the
effectiveness of this Agreement, the Assignor shall deliver all the materials
stipulated in Article 1 herein to the Assignee on the day the Assignee pays
up
the assignment fee to the Assignor.
| 2. |
Place
and Method of Delivery
|
The
Assignor shall deliver all the aforementioned materials to the Assignee in
person, and shall deliver a list of such materials to the Assignee in
person.
All
the
materials shall be delivered to the Assignee at the venue where the Assignee
is
located.
Article
3 Exploitation
of the Patent, Disposal after Exploitation
If
the
Assignor has exploited the patent before the execution of this Agreement, the
Assignor shall cease such exploitation immediately after the effectiveness
of
this Agreement.
If
the
Assignor has licensed any other party to exploit the patent, relevant rights
and
obligations shall be transferred to the Assignee upon the effectiveness of
this
Agreement.
Article
4 Assignment
Fee and Payment Method
The
patent shall be assigned to the Assignee free of charge, and any expenses
incurred in connection with such assignment shall be born by the
Assignee.
Article
5
Effects
of the Patent Being Revoked or Declared Invalid
According
to Article 50 of the Patent
Law of PRC,
after
the making of this Agreement, if the patent is revoked or declared invalid,
the
Assignee need not return all the materials to the Assignor if there is no
obvious violation of the principal of fairness and the Assignor has not caused
any loss to the Assignee in bad faith.
If
any
third party petitions to the CPO for the patent to be revoked or declared
invalid by the Patent Review Panel, or files a lawsuit to challenge the decision
of the Panel at the People's Court (regarding an invention), the Assignee shall
be responsible for defense and bear all the expenses incurred in connection
with
such petition or lawsuit after the making of this Agreement.
Article
6 Transition
Period
| 1. |
After
the execution of this Agreement, the Assignee shall be responsible
to pay
all expenses necessary for keeping this patent
effective.
|
| 2. |
During
the Transition Period, if the Assignor or the Assignee becomes unable
to
perform this Agreement due to force majeure, this Agreement shall
be
deemed terminated.
|
Article
7 Dispute
Solution
| 1. |
Both
parties shall try to solve any disputes in connection with the performance
of this Agreement through amicable negotiation according to the provisions
herein.
|
| 2. |
If
the dispute cannot be solved through negotiation, it shall be submitted
for mediation to the patent authority of the location of the Assignee
or
of the formation of this Contract. If any party is not satisfied
with the
result of such mediation, it may initiate a legal
proceeding.
|
Article
8 Effectiveness
of Agreement
This
Agreement shall become binding on the both parties upon execution, and shall
become legally effective on the date when the CPO registers and publishes the
Amendment of Data Entries filed by both Parties.
Assignor:
Beijing
Huiyuan Duoyuan Digital Printing Technology Institute
(Seal
of
Beijing Huiyuan Duoyuan Digital Printing Technology Institute)
Assignee:
Duoyuan
Digital Printing Technology Industries (China) Co. Ltd
(Seal
of
Duoyuan Digital Printing Technology Industries (China) Co. Ltd)
Date:
December 26, 2002
