Technology Transfer Agreement (Patent)
Technology
Transfer Agreement (Patent)
Project
Name: A Dry Dual Circulating Fluidized Bed Desulphurization
Device
Transferee
(Party A): Dalian RINO Environment Engineering
Science
and Technology Co., Ltd.
Transferor
(Party B): Institute of Process Engineering,
Chinese
Academy of Sciences
Time of
Signing: 0000-0-00
Xxxxx of
Signing: Beijing
Term of
Validity: 2007-5-18 — 2016-5-30
Technology
Transfer Agreement (Patent)
Transferee
(Party A): Dalian RINO Environment Engineering Science and Technology
Co., Ltd.
Address: No.11,
Youquan Road, Zhanqian Neighborhood, Jinzhou District, Dalian
Legal
Representative: Xxx, Xxxxx
Project
Liaison: Xxx, Xxxxx
Contact
Means
Correspondence
Address: Xx.00, Xxxxxxx Xxxx, Xxxxxxxx Xxxxxxxxxxxx, Xxxxxxx
Xxxxxxxx, Xxxxxx, 000000
Tel :
0000-00000000 Fax :
0000-00000000
E-mail :
xxxx@xxxxxxxxx.xxx
Transferor
(Party B): Institute of Process Engineering, Chinese Academy of
Sciences
Address: Xx.0,
Xxxxx Xxxx 0, Xxxxxxxxxxxx, Xxxxxxx
Legal
Representative: Liu, Huizhou
Project
Liaison: Zhu, Tingyu
Contact
Means
Correspondence
Address : Xx. 0, Xxxxx Xxxx 0, Xxxxxxxxxxxx, Xxxxxxx, 000000
Tel :
000-00000000 Fax :
000-00000000
E-mail :
xxxxx@xxxx.xxx.xx.xx
This
Contract is made by and between both parties via equal negotiation pursuant to
Contract Law of the People’s
Republic of China on the basis of authentic and full expression of their
xxxxx.
WHEREAS,
Party B desires to transfer the patent of A Dry Dual Circulating
Fluidized Bed Desulphurization Device to Party A and Party A desires to
accept the transfer and pay the corresponding payment for transfer,
THEREFORE,
IT IS HEREBY AGREED AS FOLLOWS:
Article 1 The
patent transferred under this Contract:
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1.
|
It
is the model
utility (invention, model utility, appearance design)
patent.
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2.
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The
inventor/designer is: Zhu Tingyu and Jing,
Pengfei
|
|
3.
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Patentee:
Institute of
Process Engineering, Chinese Academy of
Sciences
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4.
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Date
of patent granting: April 11,
2007
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5.
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Patent
No.: 200620022949.2
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6.
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Duration
of patent: 10
years
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7.
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The
patent annuity has been paid till 2008.
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Article
2 Party B has performed or granted the patent hereunder
prior to the conclusion of this Contract as follows:
|
1.
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The
status that Party B has performed the patent hereunder (time, place, form
and scale): 120m2 sinterer fume
desulphurization demonstration project of Jinan Iron & Steel (Group)
Co., Ltd. in 2007; and the fume desulphurization project of Shijiazhuang
Dongfang Thermoelectric Co., Ltd. in
2007.
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|
2.
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The
status that Party B has granted others to use the patent hereunder (time,
place, form and scale): None
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3.
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Party
B is in duty bound to notify the parties concerned, who are granted to use
the invention, of the transfer of the patent hereunder within 30 days since
and upon this Contract enters into
force.
|
Article
3 Party A shall ensure the execution of original
Contract on Granting of Patent Performance since and upon this Contract enters
into force. The rights and obligations that Party B enjoys in the original
Contract on Granting of Patent Performance shall be succeeded by Party A since
and upon the date when this Contract enters into force. Party B shall notify the
transferor of original Contract on Granting of Patent Performance about handling
the matters concerning contract alteration, with assistant offered as required,
within 30 days
thereupon.
Article
4 Party B shall have no right to perform this patent any
longer since and upon this Contract enters into force; in case of intending to
continue the performance, Party B shall handle pursuant to the following
provisions:
Party B shall obtain the
written authorization of Party A.
Article 5 For
the sake of Party A’s possessing this patent in an effective way, Party B shall
submit the following technical information:
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1.
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Patent
Specifications;
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2.
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Patent
Application; and
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3.
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Related technical
data.
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Article 6 The
time, place and form that Party B submits technical information to Party A are
as follows:
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1.
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Time
of submittal: within 10 days since
and upon this Contract enters into
force
|
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2.
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Place
of submittal: Beijing
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3.
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Form
of submittal: Text
documents
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Article
7 Matters concerning patent transfer registration shall
be handled by Party B within 30 days upon the
conclusion of this Contract and the arrival of corresponding
payment.
Article
8 Party B shall ensure that the transfer of patent
infringes no legal rights and interests of any third person. In case that the
third person accuses Party A of infringement, Party B shall assist Party A in defending
against infringement against the third person .
Article
9 Party B shall be exempted from legal liabilities for
the invalidity of patent as announced upon this Contract enters into
force.
Article
10 Party A shall pay the payment for the transfer of the
patent in terms as follows:
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1.
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The
total payment for transfer of patent shall be RMB 1,000,000 Yuan
(say: RMB ONE MILLION Yuan
only);
|
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2.
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Party
A shall make the payment for transfer of patent to Party B in terms of
installment
(lump sum, installment or
percentage).
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The
specific terms and time of payment are as follows:
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(1)
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RMB 500,000 Yuan (say:
FIVE HUNDRED THOUSAND Yuan only) to be paid prior to Oct. 1,
2007
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(2)
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RMB 500,000 Yuan (say:
FIVE HUNDRED THOUSAND Yuan only) to be paid prior to Jan. 1,
2008
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The name
and address of Party B’s bank of deposit as well as the account number
are:
Bank of
deposit: ICBC
(Industrial and Commercial Bank of China) Haidian West District Branch,
Beijing
Address:
Haidian District,
Beijing
Account
No.: 0200004509088120553
Article
11 Both parties hereby agree that:
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1.
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Party
A is entitled to conduct the subsequent improvement by utilizing the
invention involved with the patent transferred by Party B and the
accordingly generated new technological achievements with substantial or
creative technology progress characteristics shall be owned by both parties
(Party A, both parties), which Party B has the priority to
use.
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2.
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Party
B is entitled to conduct the subsequent improvement on the invention
involved with the patent upon the delivery of patent to Party A and the
accordingly generated new technological achievements with substantial or
creative technology progress characteristics shall be owned by both parties
(Party B, both parties), which Party A has the priority to
use.
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Article
12 Both parties hereby agree that, within the valid
period of this Contract, Party A designates XXX Xxxxx as the
project liaison of its own and Party B does ZHU Tingyu as the
counterpart. The project liaisons shall bear the following
responsibilities:
|
1.
|
To settle specific
matters during the transfer of patent via negotiation
;
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Either
party changing the project liaison shall notify the counterpart in written form
in time and shall bear corresponding liabilities for failing in notification and
impacting the execution of this Contract or causing losses.
Article
13 Both parties hereby agree that, in case of the
occurrence of any following cases, which leads the execution of this Contract to
be unnecessary or impossible, this Contract may be dissolved:
|
1.
|
Force
majeure;
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|
2.
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That
Party A fails to pay as provided
herein;
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Article
14 Disputes in connection with Contract and arising from
the execution of contract shall be settled in terms of negotiation and
mediation; in case of no agreement reached, both parties hereby agree to settle
disputes in the following 1st way:
|
1.
|
To
submit to Beijing
Arbitration Committee for
arbitration;
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2.
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To
submit to the People’s Court for
litigation.
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Article
15 Party A hereby agrees to waive the said patent
(Patent name: A Dry Dual Circulating Fluidized Bed Desulphurization Device) in
case of conflicts between the invention patent applied by Party B (Patent name:
A Dry Dual Circulating Fluidized Bed Desulphurization Method and Device) and the
said patent during the application; meanwhile, Party B hereby agrees to transfer
the invention patent (Patent name: A Dry Dual Circulating Fluidized Bed
Desulphurization Method and Device) to Party A for free after being granted
therewith.
Article
16 Party B shall own any and all rights to said patent
prior to the pay-off of all contract payment by Party A.
Article
17 Matters uncovered herein may be concluded into the
supplementary agreement, which is equally authentic with this
Contract.
Article
18 This Contract is in quadruplicate , all
texts being equally authentic.
Article
19 This Contract enters into force since and upon the
date of registration at the patent administration of the State
Council.
Party A:
Dalian RINO
Environment Engineering Science and Technology Co., Ltd.
(seal)
| Legal Representative / Authorized Proxy: |
__________________
(signature)
|
|
May
18, 2007
|
Party B:
Institute of Process
Engineering, Chinese Academy of Sciences (seal)
| Legal Representative / Authorized Proxy: |
__________________
(signature)
|
|
May
18, 2007
|
