Breach and Infringement违约与侵权的练习

Breach and Infringement

（违约和侵权专题）

翻译练习

1. If Party A materially breaches this Contract, Party B or it; successor in

interest

is

entitled

to

terminate

this

Contract

or

claim

damages

for

the

breach of contract. If Party B materially breaches this Contract, Party A is

entitled to request Party B, by issuing a written notice, to redress the breach

within

- 15 -

fifteen (15) days upon receiving such notice. If Party B fails to redress the

breach within the fifteen (15) day period, Party A is entitled to rescind the

Contract and claim damages for the breach of contract.

2. If a Party materially fails to perform any of its obligations under this

Contract or if a Party's representation or warranty under this Contract is

materially

untrue

or

inaccurate,

such

Party

shall

be

deemed

to

have

breached this Contract. The Party in breach shall have thirty (30) days from

receipt of a notice from the other Party specifying the breach to correct

such breach if it is remediable. The Party in breach shall in any case be

liable to the other Party for all damages caused by the breach. Liability for

such damages shall not be waived in the event the non-breaching Party

terminates this Contract under Article X. All remedies provided for herein

and under law shall be cumulative.

3. The Licensee shall promptly notify the Licensor, in writing, of any acts

of infringement

or

suspected infringement or

acts

of unfair

competition

involving

the

Trademarks

and

of

any

applications

or

registrations

of

confusingly similar marks which may come to its attention. The Licensee

shall not be entitled to take any proceedings or call on the Licensor to take

any proceedings in any of the aforesaid matters; provided, however, that

the Licensor may, at its own discretion and cost, prosecute or otherwise

1

stop or prevent such actual or threatened infringement in the name of both

the

Licensor

and

the

Licensee

or

either

of

them,

and

in

each

case

the

Licensee shall render all reasonable assistance required by the Licensor.

4. Infringement and legal proceedings

a) The Licensee shall give the Licensor in writing full particulars of any

use or proposed use by any other person, firm or company of a trade name,

trademark or get-up of goods or means of promotion or advertising which

amounts

to

or

is

likely

to

amount

to

infringement

of

the

rights

of

the

Licensor in relation to the Licensed Trademarks or contravention of the

Anti-unfair Competition Law as soon as it becomes aware of such use or

proposed use.

b) If the Licensee becomes aware that any other person, firm or company

alleges that any of the Licensed Trademarks is invalid or that use of the

Licensed Trademarks infringes any rights of another party, the Licensee

shall immediately give the Licensor in writing full particulars thereof and

may make no disclosure of information or admission to any third party in

respect thereof.

c)

The

Licensor

shall

conduct

all

legal

proceedings

in

respect

of

any

infringement or alleged infringement of the Licensed Trademarks and any

claim or counterclaim brought or threatened to be brought in connection

with the use or registration of the Licensed Trademarks and shall in its

absolute discretion decide what to do. The Licensor shall not be obliged to

bring or defend any proceedings in relation to the Licensed Trademarks if

- 16 -

the Licensee decides in its sole discretion to do so.

d) The Licensee will, at the request of the Licensor and at the Licensor's

expense,

give

full

cooperation

to

the

Licensor

in

any

action

or

claim

2

brought or threatened to be brought in respect of the Licensed Trademarks,

including joining in as a party to any proceedings.

参考答案

违约、侵权

1

:

If Party A materially breaches this Contract, Party B or its successor in

interest

is

entitled

to

terminate

this

Contract

or

claim

damages

for

the

breach of contract. If Party B materially breaches this Contract, Party A is

entitled to request Party B, by issuing a written notice, to redress the breach

within

fifteen

(15)

days

upon

receiving

such

notice.

If

Party

B

fails

to

redress the breach within the fifteen (15)-day period, Party A is entitled to

rescind the Contract and claim damages for the breach of contract.

试译

:

如果甲方实质性违反本合同，那么乙方或其利益相关继 受人有

权

终止本合同或者要求对方就 合同违约进行损害赔偿。如果乙方实

质性的

< br>违反合同，甲方则有权通过发送书面通知的方法要求乙方在

接到该通知

后的十五

(

15

)

天内对违约行为进行校正。如果乙方未能

在 该十五

(

15

)

天期限内校正违约行为，那么甲方有权废除合同并要

求对方就合同违约

进行损害赔偿。

标准

:

如果甲方实质性违反本合同，乙方或 其权益继承人有权终止本

合

同或要求 得到损害赔偿。如果乙方实质性违反本合同，甲方经发

出书面

通知，有权要求乙方在收到书面通知后十五

(

< br>15

)

天内改正其

违约行为。< /p>

如果乙方在十五

(

15

)

天期限内未予改正，甲方有权解除

< br>合同并要求得

到违约赔偿。

2

:

If a Party materially fails to perform any of its obligations under this

Contract or if a Party’s representation or warranty under this Contract is

materially

untrue

or

inaccurate,

such

Party

shall

be

deemed

to

have

breached this Contract. The Party in breach shall have thirty (30) days from

receipt of a notice form the other party specifying the breach to correct

such breach if it is remediable. The Party in breach shall in any case be

liable to the other Party for all damages caused by the breach. Liability for

3

such damages shall not be waived in the event the non-breaching Party

terminates this Contract under Article X. All remedies provided for herein

and under law shall be cumulative.

试译

:

如果 乙方实质性的未能履行其在本合同项下的任何义务，或者

一

- 17 -

< br>方在本合同项下所做的陈述或报纸发生实质性的不真实或不正确，

那

么

该方应当被视为已经违反本合同。如果违约情况 可以补救，那么

应当给

予违约方三十

(

30

)

天的 时间对违约进行补救，自其接到另一

方具体说

明违约情况之通知之日起计算。在任何情况下，违约方都

应当就因为违