Intellectual Property Rights
To protect intellectual property rights of both parties and following the principle of fairness, equity and mutual benefits, Party A and Party B hereof come to this agreement on intellectual property rights:
1. Responsibility for product warranty
Party B makes the representations and warranties as follows:
1.1 Ownership of products provided by Party B is free of legal right restriction or limitation.
1.2 Party B ensures that Party A has the right to directly or indirectly use, export, sell, distribute and market the products provided by Party B over the world free of any other use restriction stipulated in any other agreement or for intellectual property right protection or extra charges.
1.3 Party B and the products provided by Party B will comply with laws and regulations of the People's Republic of China and other pertinent directives, as well as international standards for safety application.
2. Intellectual property rights
2.1 Party B guarantees that the products of Party B shall not be in infringement with patent, trademark, copyright or other intellectual property rights of any country and region.
2.2 If a third party prosecutes or claim for any rights against Party A, agent, employee or client of Party A due to any of the followings circumstances, Party B shall demur, discuss or negotiate with this third party or bring a law suit, and Party B shall make full compensation to Party A for all indirect losses therefore caused to Party A, including but not limited to the payment made by Party A to the customer or third party as compensation for breach of contract, increased inventory cost, as well as compensation expenses, premium, settlement fee, legal fare, retaining fee, n charges for vehicle paid by Party A:
A. All actions in infringement of patent right, copyright, trademark right, operation
secrets, technical know-how or intellectual property rights;
B. This product arouses harmful action that caused personnel injury or property damage;
C. Party B violates any provision of Article 1.
2.3 All the provisions in this article are also applicable for the agreements signed before and after this agreement on any purchases of products from Party B between
Party A and Party B hereof.
3. Ownership of cooperation achievements
Party A and Party B hereof respectively have their own intellectual property rights in software and hardware design including: any original work, discovery, invention, patent right, technical know-how and operating knowledge. The development achievements from cooperation between the two parties are under the ownership of both parties. With no consent in writing from one party, the counterparty is prohibited to disclose or sell the cooperation contents or development achievements to a third party. In case of breach of this provision by one party or its employee, this party shall pay the counterparty RMB 500,000 unconditionally and immediately as compensation for breach of contract.
1. Responsibility for product warranty
Party B makes the representations and warranties as follows:
1.1 Ownership of products provided by Party B is free of legal right restriction or limitation.
1.2 Party B ensures that Party A has the right to directly or indirectly use, export, sell, distribute and market the products provided by Party B over the world free of any other use restriction stipulated in any other agreement or for intellectual property right protection or extra charges.
1.3 Party B and the products provided by Party B will comply with laws and regulations of the People's Republic of China and other pertinent directives, as well as international standards for safety application.
2. Intellectual property rights
2.1 Party B guarantees that the products of Party B shall not be in infringement with patent, trademark, copyright or other intellectual property rights of any country and region.
2.2 If a third party prosecutes or claim for any rights against Party A, agent, employee or client of Party A due to any of the followings circumstances, Party B shall demur, discuss or negotiate with this third party or bring a law suit, and Party B shall make full compensation to Party A for all indirect losses therefore caused to Party A, including but not limited to the payment made by Party A to the customer or third party as compensation for breach of contract, increased inventory cost, as well as compensation expenses, premium, settlement fee, legal fare, retaining fee, n charges for vehicle paid by Party A:
A. All actions in infringement of patent right, copyright, trademark right, operation
secrets, technical know-how or intellectual property rights;
B. This product arouses harmful action that caused personnel injury or property damage;
C. Party B violates any provision of Article 1.
2.3 All the provisions in this article are also applicable for the agreements signed before and after this agreement on any purchases of products from Party B between
Party A and Party B hereof.
3. Ownership of cooperation achievements
Party A and Party B hereof respectively have their own intellectual property rights in software and hardware design including: any original work, discovery, invention, patent right, technical know-how and operating knowledge. The development achievements from cooperation between the two parties are under the ownership of both parties. With no consent in writing from one party, the counterparty is prohibited to disclose or sell the cooperation contents or development achievements to a third party. In case of breach of this provision by one party or its employee, this party shall pay the counterparty RMB 500,000 unconditionally and immediately as compensation for breach of contract.