国际商标许可合同（一）（精选32篇）

　　签约地点：_________　　　　　　　　　　签约地点：_________

　　_________年____月____日　　　　　　　　_________年____月____日

　　附件:patent license contract

　　附件一　专利资料的名称、内容和申请情况

　　附件二　合同产品的型号、规格和技术参数

　　附件三　提成资的起算时间和计算方法

　　附件四　出让方查帐的内容和方法

　　附件五　对甲方人员的培训计划

　　附件六　乙方派遣专家的技术服务计划

　　附件七　产品考核验收办法

　　party a :_________

　　party b:_________

　　whereas

　　the patent right which said in the contract os owned by party b.

　　party b has the right and agreed to grant paryt a the rights to use，manufac-ture and sell the contract products of the ppatented technology;whereas party a hope to use the patented technology of party b to manufacture and sellthecontract products;

　　both parties au thorized representatives， through friendly negotiation， have agreeto en-ter into this contract under the ertms as stipulated below;article 1　definitions

　　for the purpose of this contract， the following terms have the following meanings;

　　1.1　patented technologymeans those letters patent， and applications thereforpresently owned or hereafter acquired by party b and/or which party bhas or may have therigt to control or grant license thereof during the term hereof in any or all countriesof the world and which are applicable to or may be used in the manufacture of cotract products.

　　1.2　contract productsmians the products described in appendis2 annexed hereto，to-gether with all improvements and modifications thereof or developments with respectthere-to.

　　1.3　patty ameans_________. or his legal representative， agent and inhetitorto theproperty of the company.

　　1.4　party b means_________，or his legal representative，agent and inheritor，to the property of the company.

　　1.5　the contraet factory means the place which party party a manufactures thecontract products. that is_________.

　　1.6　spare p`menas replacement parts for contract products or for any part there-of.

　　1.7　componentsmeans those components and parts of contruct produets which par-tyb has agreed or may from time to time agree in writing to permit party a to manufactureor sell.

　　1.8　technical documentsmeane engineering， manufacturing and originatinginforna-tion relatiog to the manufacture and servicing of contract products， includingdrawings， blueprints，design sheets， material specifications， photographs， photostats and general da-ta， and designs and pecifications relating to manufacturing contract producdts， tools and fix-tures， but includes，however， onlysuch information as is available to party b and applicable to the operations of party aunder this contract which detaile as per appendis 1 to the con-tract.

　　1.9　net selling price menans remaining amount of invoice value of thecontractprod-ucts， after deduction of packahing， installation and freight charges，trade and discount，commission，insurance and taxes and duties. if any， directlyapplicable to the prdduct.

　　1.10　the date of coming into effect of the contractmeans the date of raificationofthe contract by the managing constructure of the parties or by the competentauthorities ofboth parties， whichever comes later.article 2　scope of the contract

　　2.1　party a agrees to acquire from party b and party b agrees to transfer to party athe patented technology for contract products. such patented technology shall be in exactaccordance with the technologyof party bs latest products.

　　2.2　party b grants party a the non-exclusive right to design and manufacturecontractproducts in china and to markdt the said products in china and abroad.

　　2.3　party b shall be responsible& nbsp;to provide party a with documents relevant to thesaidpaptents and with special fittings of the samplemachine their concrete details andschedule ofdelivary being set out in appendix 2 to the contract.

　　2.4　the contract does not cover the patented technology for the parts from othercoun-tres.but party b shall provide party a with the specimens and the tecincal specifications andthe name of the manufacturers of the parts.

　　2.5　party b shall be responsible for the training of party as technicl personnelin party bs relevant facilities and also do its best to enable party as technicalpersonnel to masterthe patented technplogy of the aforesaid contract product (details asper appendix 5 to the contract).

　　2.6　party b is obliged to send at its own expense technical personnel to party asfacto-ry for technical service (details as per appendix 6 to the contract).

　　2.7　if it is required by party a. pafrty b shall be under an obligation to provideparty aat the most favourable price wity parts， accessories， raw materials， fittings，etc. for con-trade mark the two parties.

　　2.8　party b grants party a the rignt to use party bs trade mark， and use thecombinedtrade，mark of both parties or mark the wouding production according tolicensors licenceon the contract produets.article 3　price of the contract

　　3.1　price of the contract shall be calculated on royalty in accordance with thecontent and scope sipulated in artice 2 to the contract and shall be paid in_________.

　　3.2　royalty under the contract shall be paid from_________months after the the dateofcoming into effect of the contract in terms of calendar year. the date of settlingaccountsshallbe 31，december of each year.

　　3.3　royalty at the rate of_________% (_________percent ) shall be calcuated interms ofnet selling price after the contract products are sold in this year，the contractproducts which not sold　shall not be included.

　　3.4　the report of the selling quantity， net selling amount of the contract productsandroyalty which should be paid in last year shall be submitted to party b in writtenform by party a within 10　(ten) days after the date of settling accounts to royalty. thespecific methods which calculatenet selling amountand royalty are detailed in appendix 3to the contract.

　　3.5　the contract products sold by party a pursuant to the patent license hereingranted shall be deemed to have been sold when paid for.

　　3.6　if the contract products are returned or allowances made thereon after the royaltythereon has　been paid party a shall be entitled to take ppropriate erdit for suchoverpay-mentagainst royalties thereafter accruing.

　　3.7　if party b demand to audit the accounts of party a，it shall no tice party a withinl0(ten) days after receiving the written notice of party a in accordance with article

　　3.4　of the contract.the speeific content and procedure of auditing accounts aredetailed in appendix 4 tothe contract.article 4　couditions of payment

　　4.1　royalty stipulated in section 3 to the contract shall be effected by party a toarty bthrough the bank_________(here it is the business bank of party a， and the bank_________(here it is the busines bank of party b)， payrnent shall be settled in_________.

　　4.2　party b shall immediately issue the related documents ofter receiving the writtennotieesubmitted by party a in accordance with artiele 3.4 of the contract， the royaltyshall be paid by party a to party b within 30(thirty) days after party a has received thefol-lowing documents whichare provided by party b and found them in confoumity with thestipulations of thcontract.

　　(1)four copies of the statement on calculation of the royalty;

　　(2)four copies of the commercial invoice;

　　(3)two copies of the sight draft.

　　4.3　party a shall have the right to deduct from any of the above mentioned payment theppenalties and/or compensations which party b shall pay in accordance with thestipulations ofthe contract.article 5　technical service and training

　　5.1　technicgl service

　　(1)during the validity period of the contract， party b shall send a specialist topartya`s factory to explain the drawings and technical documents and to provide teehnicalservise indesigning.manufacturing， adjustment，inspection and maintenance of thecontracted pro-duet so to eheble party a to use， as fast as possible， home materialsand raw components without affeeting the properties of the products so manufactured.

　　(2)party b shall twice send its specialists to party as factory to provldetechnicalservice for a total of 30 working days man.

　　(3)the first technical service sha1l start in the sixth month after the contraytcomesinto effect. party b shall send a specialist to party as factory to providetechnical service for 12 working days/man.

　　(4)the second technical service shall start during the verification of thecortractedproduets.parth b shall send a specialist to party as factory to providetechnical servicefor18 working days/man.

　　(5)party b shall， for its specialists， bear their travelling expensee. parthashall be responsible for boarding and lodging and affording the means of conveyance fromthe lodgingplace to the factoty.

　　5.2　technical training

　　(1)party b shall train party as technical personnel so as to enable them tomasterparty bs design， performance test and technology in machining， erection andinspection of the contracted products， so that party a can use the technical documentsand know-how supplied by p arty b toproducethe same products in the contract factory. party b shall do its best to arrange for party as personnel to visit the majorusersand the manufacturing process of the components from other countries of the contractedproducts.