Trademark License Agreement China
The application for registration of a trademark license agreement must be filed with the Chinese Trademark Office (CTMO). Before signing a licensing agreement, the licensee should examine both the licensee and the trademark granted, in order to avoid the inconveniences that could invalidate the agreement. The technology import contract should be accounted for within 60 days of the effective date, unless the contract provides for royalties. In the latter case, the contract should be registered within 60 days of the date of the establishment of the royalty base for the first tranche. The contract should be amended each time the base amount of each subsequent licence fee is due. The Ministry of Commerce (MOFCOM) and MOFCOM`s local offices are responsible for managing the registration of technology import contracts (e.g. B technology licenses in China). The first step is to register the contract online on MOFCOM`s official website in the Technology Import and Export Contract Information Management Section, and then conclude the registration process with the relevant department by submitting the application for registration of the technology import or export contract, the copying of the technology import or export contract, and documents attesting to the legal status of the contracting parties. MOFCOM will verify the submission within three business days and issue the corresponding registration certificate. b) Condominium status: in the context of co-ownership, the contract applies when an agreement is reached for the exercise of patent law. In the absence of such an agreement, any co-owner may exercise another party independently to operate the patent, but only through the non-exclusive license. However, royalties are distributed among the co-owners.
In practice, when submitting the written application for such a non-exclusive licensing agreement to SIPO, no documentation of the agreement of the other owners is required. In the event of a disagreement between the parties, the long-term licensing agreement is used to resolve the dispute. B. On the effective date: the effective date of the licence agreement is the effective date set out in the licence agreement. However, the licence file could be traced back to the past and these agreements could be entered into the licensing agreement. Many famous brands, such as “Harley-Davidson”, are represented by agencies looking for merchandise partners. After contacting, the parties sort the basic terms of the agreement It is quite common for licensees of known brands to dictate the terms and attach product licensing agreements. Often these conditions are on a “take or leave” basis – if the licensee disagrees, the owner of the mark will go elsewhere. In other cases, a buyer will issue the trademark license agreement. As a general rule, the licensee and the licensee have developed all the terms of sale prior to the award of the contract. Even if the terms are agreed and the licence is provided, the parties may make further changes. The payment of royalties depends on industry trends.
To use a brand on products such as clothing or ceramics, a licensee must pay royalties ranging from 2% to 10% of net sales. A brand holder can accept a lump sum payment for a single license, z.B the use of the image on 10,000 T-shirts at a sporting event. Any situation that offers the potential of two par-Ties with competing interests always has at least the potential for conflict. When negotiating a licensing agreement, both parties must critically consider all aspects of the agreement, not only to ensure that they get what they expect from the relationship, but also to ensure that they do not receive unexpected liabilities or clutter with unforeseen obligations. Of course, the ideal way to prevent such unintended consequences would be to plan for an emergency.