Exhibit 10.9
Translation
Related Transaction Agreement by and between Shenzen BAK Battery Co., Ltd. and
Jilin Provincial Huaruan Technology Company Limited
Patent Assignment Agreement
Name of the patent:
1. Manufacture method for gel electrolyte membranous stacked Li-ion
battery:
Application number: 01108824.9 Date: 29 March 2002
2. Li-ion polymer battery spraying material and production method.
Application number: 02109176.5 Date: 7 February 2002
3. A type of lithium battery cell cover with explosion-proof membrane and its
manufacturing method.
Application number: 01123958.1 Date: 8 August 2001
4. Lithium battery cell rectangular shell and its manufacturing method
Application number: 01109135.5 Date: 9 March 2001
5. A type of lithium battery cell cover plate with explosion-proof membrane
and its manufacturing method.
Application number: 01109136.3 Date: 9 March 2001
6. A type of lithium battery rectangular Aluminum Cover of explosion-proof
structure.
Application number: 01270095.9 Date: 2 November 2001
7. Patent certificate received for a type of lithium battery aluminum cover
with explosion-proof membrane.
Patent number: ZL01274686.x Date: 27 December 2001
8. A type of Li-ion battery steel cover with explosion-proof membrane.
Application number: 01277643.2 Date: 31 December 2001
Assignor: Jilin Huaruan Technology Company Limited by Shares
Assignee: Shenzhen BAK Battery Co., Ltd.
Venue: Changchun
Date: 18 October 2003
Whereas:
- The Assignee has understood the above-listed patent right and patent
application rights and intends to obtain the above-listed 8 patent right and
patent application rights.
- The Assignor agrees to assign the above-listed patent right and patent
application rights to the Assignee.
- Both Parties have reached the following agreements.
Article 1. Documents to be provided by the Assignor to the Assignee
Those include all patent application documents submitted by the Assignor to the
PRC Patent Bureau, all documents issued by the PRC Patent Bureau to the
Assignor, documents issued by the PRC Patent Bureau to verify the validity of
the patent right (refers to the latest payment certificate of annual fee for the
patent right) etc.
Article 2. Time, place and method of delivery of the documents
After this Agreement becomes effective, the Assignor shall deliver all the
documents stated in Article 1 to the Assignee within 7 days after the Assignor
has received the assignment fee from the Assignee.
Article 3 Assignment fee and payment method
In accordance with the asset evaluation conducted by the Assignor of the
above-listed 8 patent right and patent application rights, both Parties agree
that the assignment fee shall be XXX 00 xxxxxxx xxxx. The Assignee shall remit
the assignment fee in full to the bank account of the Assignor within 30 days
after this Agreement becomes effective.
Article 4. Transitional Period
The Assignee shall make the payment to maintain the validity of the above-listed
patent right and patent application rights after the effectiveness of this
Agreement.
Article 5. Taxation
In accordance with the relevant tax law of PRC, all tax involved in the
assignment under this Agreement shall be born by the Assignor.
Article 6. Breach of contract and remedy
The breaching Party shall pay a compensation of RMB 100,000 yuan in case of
breach of contract by either Party.
Article 7. Dispute Settlement
Any dispute arising from the performance of this Agreement shall be settled by
Both Parties through friendly consultation.
Article 8. Effectiveness
This Agreement shall be binding upon both Parties once it is signed by Both
Parties. This Agreement shall become legally effective once the Alteration Form
for Registration Items submitted by both Parties have been registered in and
publicized by the PRC Patent Bureau.
Assignor: Jilin Huaruan Technology Company Limited by Shares
Assignee: Shenzhen BAK Battery Co., Ltd.
Asset Evaluation
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Intangible Assets Evaluation Price Assignment Price Agreed
(RMB Ten Thousand) (RMB Ten Thousand)
--------------------------------------- ------------------------------ ------------------------
Li-ion polymer battery technologies 2479 2460
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Li-ion battery spraying material 247.9 200
and its manufacturing methods
--------------------------------------- ------------------------------ ------------------------
Lithium battery cell cover plate 109.08 100
technologies
--------------------------------------- ------------------------------ ------------------------
Battery steel cover 114.03 110
--------------------------------------- ------------------------------ ------------------------
Li-ion cell cover 99.16 90
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Battery Aluminum cover with 123.95 100
explosion-proof membrane
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Manufacturing method for Lithium 123.95 100
battery rectangular cover of
explosion-proof structure
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Manufacturing method for 49.58 40
rectangular shell of lithium battery
cell
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Total 3346.65 3200
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