Big Tree Group, Inc. - FORM 8-K - EX-10.54 - ASSIGNMENT AGREEMENT FOR PATENT NO. ZL 2010 3 0103327.4 DATED DECEMBER 29, 2011 BETWEEN SHANTOU BIG TREE TOYS CO., LTD. AND WEI LIN. - January 6, 2012
THIS AGREEMENT is entered into this 29th day of December, 2011, by and between Shantou Big Tree Toys Co., Ltd., a Chinese company (“Party A?? and Wei Lin (“Party B”). Party A and Party B may collectively be referred to as the “Parties”.
NOW, THEREFORE, in consideration of the execution and delivery of this Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
1. Party B hereby grants, transfers and assigns to Party A all of Party B’s right, title and interest, if any, to the following (the “Assigned Property”):
Certification No.: 1321347
Design Patent Certification issued by the Peoples Republic of China, National Intellectual Property Bureau
Name of the design: Toys (Building Block)
Designer: Lin, Wei
Patent No.: ZL 2010 3 0103327.4
Apply Date: January 28th 2010
Patent Owner: Lin, Wei
Authorization Date: August 18th 2010
The Assigned Property shall include rights to translation and reproductions in all forms or formats and the copyrights and patent rights thereto, if any, and Party B agrees that Party A may copyright said materials in Party A's name and secure renewal, reissues and extensions of such copyrights for such periods of time as the law may permit. Assigned Property shall also include any Developments related to the Assigned Property. "Developments" is defined as any idea, invention, process, design, concept, or useful article (whether the design is ornamental or otherwise), computer program, documentation, literary work, audiovisual work and any other work of authorship, hereafter expressed, made or conceived related to the Assigned Property, whether or not subject to patent, copyright or other forms of protection that is related to the actual or anticipated business, research or development of the Assigned Property.
2. At all times hereafter, Party B agrees to assist Party A in obtaining patents or copyrights on the Assigned Property that Party B, in its sole discretion, seeks to patent or copyright. Party B also agrees to sign all documents, and do all things necessary to obtain such patents or copyrights, to further assign them to Party A, and to reasonably protect them and Party A against infringement by other parties at Party A’s expense with Party A’s prior approval.
3. Party B irrevocably appoints any Party A-selected designee to act, at all times hereafter, as his or her agent and attorney-in-fact to perform all acts necessary to obtain patents and/or copyrights as required by this Agreement if Party B (i) refuses to perform those acts or (ii) is unavailable. It is expressly intended by Party B that the foregoing power of attorney is coupled with an interest.
4. Miscellaneous Provisions.
IN WITNESS WHEREOF, the parties have duly set their hands to this Agreement, effective as of the date stated above.
Party A : Shantou Big Tree Toys Co., Ltd.Party B : Wei Lin
Name: /s/ Guihong Zheng Signature /s/ Wei Lin
Title: ____CEO__________________ Wei Lin