The 2026 model agreement for conciliation of torts disputes in intellectual property includes the conciliation outcome and enforcement of party a (intellectual owner):
Fill in the full name of the plaintiff/rights holder
Legal representative/person responsible: address: unified social credit code/id number: b (violator):
Fill in the full name of the defendant/violator
Legal representative/head: address: unified social credit code/identity card number: c (conciliation organization/mediator):
Name and identity of mediation organization or mediator
Address/contact: given that: 1. A has legally valid intellectual property rights, specifically:
A detailed description of intellectual property rights, such as: a trademark with registration number xxxxxx, entitled by party a; or an invention with patent number xxxxxx, entitled by party a; or a work under the title xxxxxx, entitled by author/author
I don't know. 2. Party b is alleged to have committed an act violating the intellectual property rights of party a, as described above, as follows:
A detailed description of the violations, such as: unauthorized production and sale of xx products that violate the trademark rights of a; unauthorized violation of the technical programmes documented in the patent claim no. Xxxxxx; or unauthorized copying, distribution and dissemination of a's copyrighted works xxxxxx
I don't know. 3. The parties are in dispute over the above-mentioned infringement of intellectual property rights
Date completed
Other organiser
Pass
Entering the name or description of the mediation organization is self-consultation
Mediation was conducted. 4. C (conciliation organization/mediator)
Or both
As a result of the mediation, a consensus was reached on the cessation of the tort and compensation of damages by party b. In accordance with the civil code of the people's republic of china, the intellectual property law of the people's republic of china and the relevant laws and regulations, and on the basis of the principles of fairness, reasonableness and voluntariness, both parties are on the c side (conciliation organizations/mediators)
Or a witness
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Specify time nodes, e. G. From the date of this agreement/by xx/xx
Total cessation of violations of 1. 1
Specific description of the violations which have ceased to exist, corresponding to the second treaty
1. 2
Specific description of suspended violations ii, corresponding to the second treaty
;1. 3
Continue to identify other violations that need to be stopped in the light of the actual situation
I don't know. Article 2 undertakes and the obligation 2. 1b undertakes to comply fully with the cessation of the violation provided for in article 1 of this agreement and to ensure that the intellectual property rights of party a are not violated in any form. 2. 2 party b agrees to pay to party a damages for intellectual property tort (hereinafter referred to as “compensation”). The amount of compensation is calculated as follows: 2. 2. 1
Selecting one and making it clear that the amount of the damage is rmb based on the damage caused by the violation
Amount
Rmb; or rmb for the benefit of b for infringement
Amount
(b) if it is difficult to determine the actual losses on the one hand and the profits of the tort on the other, the amount of compensation shall be determined by negotiation. ]
Amount
(b) the amount of compensation shall be fixed in accordance with the law. ]
Amount
I don't know. 2. 2. 2 the total amount of compensation referred to above is rmb
Fill in capital amount
Dollar
Fill in lowercase amount
It's a dollar. 2. 2. 3 b to
Specific timing of payment, e. G. Within xx days of the date of the agreement/by xx days
The full amount of compensation is paid by bank transfer to the following account designated by party a: the opening name:
Fill in the name of the ace account
Opening bank:
Fill in the opening bank on a
Bank account number:
Fill out the bank account number of the first
2. 3 b commitment
Other obligations, such as the immediate destruction of all tort products and moulds, equipment primarily used in the manufacture of tort products; or the removal of tort links and content on web platforms; or public apology for damages, depending on the circumstances of the situation
I don't know. 2. 4 a confirms that b has/will
Clear time nodes
Completed
Other obligations undertaken by b
I don't know. Article 3 costs of conciliation incurred as a result of the conciliation (including, but not limited to, costs of mediation services, remuneration of conciliators, etc.)
Amount
By
Option: a/b/a half each
Take it. The recipient shall
Clear timing
Payment of fees
Name of mediation organization or designated recipient
I don't know. Article iv agreement shall enter into force on the date of signature or seal of both parties. Article 5. 1 b of the article 5 deadline shall apply from the date of this agreement
Fill out specific days or dates
Complete cessation of the violation as provided for in article 1 of this agreement. 5. 2 b shall be subject to this agreement from the date of its signature
Fill out specific days or dates
Full compensation is paid. Article vi. 1. 1 liability for breach of contract constitutes a breach of contract if the party fails to comply with the cessation obligation under article v of this agreement. Party b is liable for breach of contract and, in addition to continuing to comply with its obligation to cease to infringe, shall pay to party a the sum of renminbi for the breach
Amount
Dollar
Fill in lowercase amount
It's a dollar. If the breach money is not sufficient to compensate for the resulting loss, the party is entitled to claim compensation for the difference. 6. 2 failure by b to pay the full amount of compensation within the time period agreed in article v of this agreement constitutes a breach of contract. Party b shall pay the defaulting renminbi to party a
Amount
Dollar
Fill in lowercase amount
And shall after the expiry of the deadline for payment of compensation agreed in this agreement
Number of days completed
The full amount of the compensation and the aforementioned breach of contract was paid within days. If the payment is still overdue, the a party has the right to apply to the competent people's court for enforcement of the obligation to cease to infringe and to pay compensation as agreed in article 1 of this agreement. 6. 3 if the failure of a to pay its obligations under article ii of this agreement (if the costs of conciliation are not paid in time, if any) constitutes a breach of contract, it shall pay to b the non-faulting renminbi
Amount
Dollar
Fill in lowercase amount
It's a dollar. The settlement of any dispute arising out of the implementation of this agreement under article 7 shall first be by friendly negotiation between the parties; in the absence of such agreement, either party shall be entitled to
Option: location of a party/location of a party/place of intellectual property
The people's courts with jurisdiction initiate proceedings. The parties to the article 8 confidentiality clause agree that they are under an obligation to protect the trade secrets of the other party, technical information and other information that they do not wish to disclose, as they know during the signing and implementation of this agreement, unless otherwise provided by law or regulations or otherwise agreed in this agreement. This obligation of confidentiality is not discharged by termination of this agreement. Article 9 notifys the parties of the means of communication provided in this agreement as effective means of communication. Change of contact between either party shall be made in advance
Number of days completed
The other party is notified in writing on the day. Delivery by written form (including, but not limited to, exclusive delivery, registered letter, e-mail) to an address or contact specified in this agreement shall be considered effective. The law of article x applies and governs (this article supplements the dispute settlement clause, as expressly deleted or simplified by articles vi and vii) the law of the people's republic of china applies to the formation, effect, interpretation, performance and settlement of disputes. Article 11, other 11. 1 - one
Number of filled copies
Boss
Number of filled copies
Boss
Number of filled copies
C (conciliation organization/mediator)
Number of filled copies
I'm sorry
If necessary, add: send a copy to the xx people's court for filing
Each copy has equal legal force. 11. 2 this agreement may be concluded by separate agreement between the parties. The supplementary agreement has the same legal effect as this agreement. 11. 3 this agreement does not constitute any other relationship of rights and obligations between the parties, or
