中英商务合同技术许可协议要点分析.pptVIP

技术许可与援助协议TECHNICAL lICENSE AND ASSITANCE AGREEMENT The Licensee shall immediately inform the Licensor in writing of any counterfeiting of the Products and/or infringement of any of the Technology or any other proprietary technology right or other intellectual or industrial property right of the Licensor of which the Licensee shall become aware. The Licensor hereby reserves the exclusive exclusive right to introduce and pursue one or several suits or other actions against counterfeiters or infringers of the Products, or any of the Technology or any other proprietary or intellectual or industrial property rights of the Licensor. To accomplish this objective, the Licensor may upon giving reasonable prior notice to the Licensee use the name of the Licensee as plaintiff or co-plaintiff, either separately or in conjunction with the Licensor, provided that the Licensee shall be fully indemnified by the Licensor for all its costs and expenses in relation thereto. 7.2 除非许可方和被许可方事先另有书面协议，根据本第7条或与侵害该技术或其他相关知识产权有关而提起、继续及进行的所有诉讼或其他法律行动，均由许可方负担费用，而对于在该等诉讼中遭受损失或发生费用补偿金额，均应归许可方所有。倘若许可方和被许可方均参与针对第三方的该等诉讼，应各自负担费用，并有权获得对其各自损害的赔偿。 　　Unless otherwise provided by prior written agreement between the Licensor and the Licensee, all suits or other actions under this Article 7 or otherwise in relation to any action against any infringement of the Technology or any intellectual property rights in relation thereto shall be introduced, maintained and conducted at the expense of the Licensor, and all sums received as indemnities or compensations for damages suffered or expenses incurred in any such suit shall remain the property of the Licensor. If the Licensor and the Licensee both participate in legal actions against the third parties, they shall each bear their own costs thereof and be entitled to their respective damages. 7.3 如果许可方选择不起诉或不采取法律行动，被许可方在事先征得许可方书面同意后，可以自己的名义自费采取上述行动。 　　 In the event that the Licensor elects not to introduce or pursue any such suit or action, the Licen