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China Intellectual Property Lawyer

China Intellectual Property Litigation Lawyer

This china law firm team of “tremendous, well prepared” intellectual property litigators helps clients manage, protect and defend their invaluable intellectual property rights and assets. Our China intellectual property litigation lawyer boast a strong record of success in the enforcement and defense of intellectual property rights stemming from patent, trademark, licensing, internet- and technology-based infringements, as well as trade secret and unfair competition claims, false advertising, publicity rights, counterfeiting and intellectual property transfers. Our litigators are skilled in setting the groundwork for successful dispute resolution with comprehensive discovery and case preparation, encouraging active client involvement throughout the trial and appellate process.

China IP Litigation Success

In-depth industry, scientific and technological knowledge contributes to our successful representation of clients from diverse industries, including: electrical engineering, computer technology (hardware and software), chemical engineering, civil engineering, mechanical engineering, aeronautical engineering, pharmaceuticals, medical devices, telecommunications, automotive, chemistry, biochemistry and biotechnology. Our patent cases have protected a full array of innovative products ranging from artificial retinas to video games.

 

China Distributorship Agreement - Exclusive

Distributorship Agreement – Exclusive

This review list is provided to inform you about the document in question and assist you in its preparation of a exclusive distributorship agreement used in China. You should consult our China intellectual property lawyer to revise the China distribution agreement according to your specific situation.

1. The Manufacturer should be alert to the dangers in establishing any long-term exclusive relationship with a Distributor.  Most of these relationships accrue to the benefit of the Distributor, not the Manufacturer.  Notable cases include Coke, Pepsi, McDonald’s and others who had to buy back their rights at considerable expense from these parties.  The reverse is true for Distributors.  It is usually in their best interests to acquire as many of these agreements as possible in the hopes that one or two will turn into the gold mine that a Coke, Pepsi, or McDonald’s franchise has done.

2.  Manufacturer should consider long and hard whether they can get the same result, or nearly the same result, with a nonexclusive Agreement.  Nonexclusive Agreements give the Distributor less leverage over the Manufacturer in situations where the Distributor performs poorly.  These agreements are more common today, for that reason, than exclusive Agreements.  If the Manufacturer chooses to go ahead with an Exclusive agreement, they must extra cautious about investigating the financial and marketing power and commitment of the Distributor.  In simple terms, the back door or exit position is much weaker, and distributors that seek exclusive agreements, and don’t back off the request easily, are usually prepared to fight hard to keep their exclusive agreements, no matter how poorly they perform.

 

China Exclusive Distributor Agreement

Our China contract drafting lawyer provides this China distribution agreement for your information. This is a typical distributor contract used in China. Please be aware this is a exclusive distributorship agreement.

EXCLUSIVE DISTRIBUTOR AGREEMENT

THIS AGREEMENT is made this ______ day of ______, 19, by and between ______ [Name of Company], with its principal place of business located at ______ [Address] (the "Company") and ______ [Name of Distributor], ______ [Address] ______ (the "Distributor").

NOW, THEREFORE, in consideration of the promises hereinafter made by the parties hereto, it is agreed as follows:

ARTICLE  I APPOINTMENT OF DISTRIBUTORSHIP

1.  Distribution Right. The Company hereby appoints and grants Distributor the exclusive and non-assignable right to sell the equipment of the Company ("Equipment") listed in the then current "Price List" (Exhibit "A" attached hereto) [omitted]. The distribution right shall be limited to customers who have places of business in, and will initially use the Company's products in the geographic area set forth in Exhibit "B" attached hereto.

2.  Prices. All prices stated are FOB the Company's offices in ______ [Address]. Prices do not include transportation costs which shall be borne by Distributor. Prices do not include federal, state or local taxes applicable to the products sold under this Agreement. An amount equal to the appropriate taxes will be added to the invoice by the Company where the Company has the legal obligation to collect such taxes. Distributor shall pay such amount to the Company unless Distributor provides Company with a valid tax exemption certificate authorized by the appropriate taxing authority.

3.  Terms. Terms are net cash upon delivery, except where satisfactory credit is established in which case terms are net thirty (30) days from date of delivery. The Company reserves the right to revoke any credit extended at the Company's sole discretion. Distributor agrees to pay such invoices when due regardless of other scheduled deliveries. Invoices not paid within thirty (30) days of the invoice date will have one and onehalf percent (1-1/2%) per month finance charge assessed against the unpaid balance from the date of invoice until the date of payment.

 

China License Agreement

We are frequently asked about license agreement used in China. We hereby furnish a typical Chinese license agreement which is drafted by our China intellectual property lawyer. Although you are free to use it, you are highly recommended to retain our lawyer's service to tailor a more reliable license agreement for you.

This Agreement is dated:

LICENCE AGREEMENT

about Royalty Free Images

between:


Licensor: (hereinafter referred to as the “Licensor”) OF THE FIRST PART

and:         Outgram Publishing Ltd
China
Phone:    ++86 1829 771880
Fax:    ++86 1829 771883

(hereinafter referred to as the “Licensee”) OF THE SECOND PART

Whereas the Licensor is the owner or is legally entitled to represent the owner/s of the proprietary rights and interests in the royalty free images (which is hereinafter referred to as the “images”).

and whereas the Licensee is desirous of acquiring from the Licensor the right

•    to offer and sell to third parties for royalty free use the licensed images in digital files on CD-ROM or via Internet web sites (both individually or on subscription).
(all of the aforesaid rights collectively referred to as the “Licensed Rights”);

and whereas the parties are desirous to set forth the terms and conditions of the partially exclusive, indivisible and non-transferable Licensed Rights for the Territory as hereinafter defined; World

and whereas it is acknowledged however that the proprietary rights and ownership of the images does not form part of this Agreement.

In consideration of the mutual covenants herein contained the parties agree as follows:

 

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China Lawyer BLog AuthorPeter Zhu, an experienced China attorney licensed to practice law for more than ten years, the author of this China Lawyer blog, welcomes any enquiry or consultation related to Chinese law.