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Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal Representative: _ _ _ _ _ _ _ _ _ _ _ _
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In order to effectively safeguard the legitimate rights and interests of Party A's copyright in the administrative area of People's Republic of China (PRC) (excluding Hong Kong, Macao and Taiwan), Party A and Party B have entered into this contract through friendly negotiation in accordance with relevant laws and regulations, and shall abide by it jointly.
Article 1 Entrusting matters
1. Party A employs Party B as the special legal adviser for copyright protection, and comprehensively protects the legitimate rights and interests of Party A's copyright through the administrative region of People's Republic of China (PRC) where the members of the China Lawyers Intellectual Property Rights Protection Business Cooperation Network are located.
2. The specific matters that Party A entrusts Party B to provide legal services nationwide are as follows:
(1) Infringement that infringes and damages Party A's copyright and copyright-related rights;
(2) Violating the copyright contract signed with Party A;
(3) Other legal services entrusted by Party A. ..
Article 2 Authorized institutions
1. Party A's authorization to Party B is special authorization, that is, Party B has the right to investigate and collect evidence on its behalf and apply for notarization of evidence; Make a claim for compensation and mediate before prosecution; Act as an administrative complaint; Bring a lawsuit on behalf of; Admit and change the litigation request on behalf of the court and mediate; Representative appeal; On behalf of the application for enforcement and reconciliation; Sign legal documents on behalf of.
2. Party A authorizes Party B to entrust the matters entrusted by Party A to the members of all provinces, autonomous regions and municipalities directly under the Central Government who have joined the China Lawyers' Intellectual Property Rights Protection Business Cooperation Network. Party A requires all the core member institutions entrusted by Party B to establish good cooperative relations with copyright protection associations in various provinces, municipalities and autonomous regions.
3. When Party B entrusts, it may authorize the entrusted members specially or generally.
Article 3 Mode of agency
1. Party B's agency method is all-risk agency. That is, Party B shall bear all expenses incurred in the process of piracy rights protection, such as handling travel expenses, investigation and evidence collection expenses, purchasing pirated books or pirated audio-visual products, notarization expenses, travel expenses of notaries, litigation expenses, property preservation expenses, application execution expenses and other processing expenses (including document printing fees, photocopying fees and document consulting fees).
If the expenses mentioned in the preceding paragraph paid by Party B are settled through mediation (including pre-litigation mediation) or court judgment and borne by the infringer, Party A will transfer all the expenses to the account designated by Party B within five working days after the expenses are paid to Party A's account.
2. Party B shall bear the responsibility for failing to provide evidence or losing the case. If Party B cannot recover the prepaid expenses due to losing the case or being unable to execute it, Party A will not bear any economic responsibility. If the court decides that Party A shall bear part or all of the litigation costs, Party B shall bear them.
Article 4 Party B's lawyer fees
1, _ _ _% of the total compensation actually paid to Party A's account;
2. Other reasonable litigation expenses actually paid to Party A's account;
3. Party A shall, within _ _ _ _ _ working days after the compensation and other reasonable litigation expenses borne by the infringer are actually paid to Party A's account, remit the lawyer's fees and other reasonable litigation expenses due to Party B to the account designated by Party B at one time.
Article 5 Rights and obligations of Party A
1. Party A has the following rights:
(1) Party A has the right to supervise and guide the legal services provided by Party B or the entrusted members entrusted by Party B;
(2) When Party A discovers that Party B or the entrusted members entrusted by Party B, including but not limited to maliciously colluding with a third party, harms the interests of Party A, Party A has the right to unilaterally terminate the entrustment to Party B and unilaterally terminate the authorization to Party B, and has the right to pursue the legal responsibilities of Party B and the entrusted members entrusted by Party B;
(3) Party A has the right to require Party B to fully perform the obligations stipulated in Item 2 of Article 6 of this Contract.
2. Party A shall perform the following obligations:
(1) Party A shall promptly notify Party B of the anti-piracy information and other information related to the entrusted matters. Party A shall be legally responsible for the authenticity and legality of the provided evidence materials such as the source of rights and other legal documents;
(2) Party A arranges the anti-counterfeiting features of relevant works into written materials and sends them to Party B;
(3) Party A shall provide Party B with samples of books or audio-visual products that need Party B's rights protection, so that Party B can compare and identify pirated books or audio-visual products;
(4) Party A shall earnestly perform the provisions of Article 3, paragraph 2 and Article 4, paragraph 3 of this contract.
Article 6 Rights and Obligations of Party B
1. Party B has the following rights:
(1) Party B has the right to know the rights protection matters entrusted by Party A;
(2) Party B has the right to suggest that Party A publish books or make anti-counterfeiting labels for audio-visual products in the future according to the needs of anti-piracy and rights protection;
(3) Party B has the right to require Party A to fully perform the obligations stipulated in Item 2 of Article 5 of this Contract.
2. Party B shall perform the following obligations:
(1) Party B shall strictly abide by the lawyer's professional ethics and practice discipline, safeguard the legitimate rights and interests of Party A according to law, and shall not damage Party A's reputation and business reputation in any name or in any way, or maliciously collude with a third party or harm Party A's interests in any other way;
(2) Party B shall promptly notify Party A of the relevant information in the process of piracy and rights protection in written form;
(3) Party B shall keep the business secrets of Party A that it knows in the practice.
Article 7 Special Agreement
1. After signing this contract, Party A shall publish Party B's lawyer's statement on the last page of the newly published book, and the specific content of the lawyer's statement shall be agreed by both parties. Or mark Party B's name and rights protection telephone number on the packaging box of audio-visual products, so as to facilitate Party B to provide legal services for rights protection.
2. When Party B conducts pre-litigation mediation with the infringer or mediation under the auspices of the court, it must obtain the written approval of Party A for the specific compensation amount before reaching the pre-litigation mediation or mediation agreement. If the compensation amount is higher than the minimum compensation amount agreed by both parties, the written consent of Party A is not required.
3. Party B or the entrusted member entrusted by Party B shall submit all court judgments, conciliation statements and pre-litigation conciliation statements to Party A for filing. Party B or the entrusted member entrusted by Party B shall not reach a mediation with the infringer privately, and shall not collect the property of the infringer privately. Regardless of whether the judgment or mediation (including pre-litigation mediation) is executed, the compensation and other reasonable litigation expenses payable by the infringer must be executed to the account designated by Party A (unless otherwise agreed by both parties).
4. Party B shall publicize the original works of Party A on China Lawyers Anti-Piracy Network (www.cntclawyer.com) and release the copyright protection information of Party A..
Article 8 Liability for breach of contract and dispute settlement methods
1. Party A and Party B shall fully perform this contract, and the breaching party shall bear the liability for breach of contract according to law.
2. Any dispute arising from this contract between Party A and Party B shall be settled through negotiation. If negotiation fails, the dispute shall be settled by the local people of Party A.