Exhibit 10.8
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 is applying for a patent for the following technology
(the "APPLICATION") and the Transferor agrees that once he has received the
patent certificate with regard to the Application from the Patent Bureau of
China, he will transfer it to the Transferee free of charge and permanently. The
Transferee hereby accepts the aforesaid transfer.
Section I Definition
"PATENT" refers to the Transferor's Application to the Patent Bureau of China
for the patent of the Multilocular Filter with Low Loss, High Selectivity and
High Power on November 18, 2003 (application No.: 200310106322.6).
Section II Rights and Obligations
1. The Transferor, after having succeeded in the Application, shall notify the
Transferee in a timely manner and to assist the Transferee to register the
transfer hereunder with the Patent Bureau of China (the "TRANSFER
APPLICATION").
2. Prior to the completion of the Transfer Application, the Transferee shall
have the exclusive right to use the technology under the Application free
of charge.
3. The date on which the Transferee obtains the Patent Certificate from the
Patent Bureau of China shall also be the date of completion of the Transfer
Application.
4. Upon the completion of the Transfer Application, the Transferor shall
deliver to the Transferee all documents concerning the Patent, including
but not limited to, documents relating to the Patent Application and its
amendments, notice of acceptance of the Application and the Patent
Certificate.
5. Upon the completion of the Transfer Application, the Transferee shall have
the ownership of the Patent.
6. Upon the completion of the Transfer Application, 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, whether prior or
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 III Miscellaneous
1. Disputes between the parties hereto that cannot be settled through friendly
negotiation shall be submitted to arbitration by the Shenzhen Arbitration
Commission.
2. 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: September 12, 2004 Date: September 11, 2004
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