NAF/APE 7219Z (Research & Developments in Physical and Natural Sciences) - Siren 323.916.999.00010
European Homologation Architect 85/384 NIE 2052968b
Profit from 20 to 30 years in technological advance
The CBRD-Found.® Foundation has offered a GUARANTEE TO LIFE SINGLE IN THE WORLD for more than thirty five years on the special machines provided according to the protocolar mode including our services since the assistance to the realization of the specifications until the final acceptance on exploitation site, as well as the strict respect of the booklet of maintenance and maintenance.
Taking into account the quality of the designed special machines none of our Customers was in need for having to call upon this GUARANTEE TO LIFE.
These results show there you that we attach a particular care in our services, recalling fundamental rule establish by the Founder consistent to always taking care “to obtain a repetitive and unquestionable result whatever the level of consideration and nature of an assembly”, so that is validated the concept before supply with the Customer, so that there is no surprise with the material manufacture, and except need specific to the Customer (or of regulation) to know to avoid phases of prototypes.
This fundamental rule is applied to the design of all the products objects of Licenses.
The conceptual products resulting from the studies carried out with the centers of the CBRD-Found.© Foundation except framework of a contract of research and/or study (see our services) are the subject of “EXCISE TAXES”. Taking into account the intensive development of illegal doubtful practices, in particular by the great industry groups, practices contrary with all the legal texts equivalent to the international level, and related to the INTERNATIONAL TREATY OF THE HUMAN RIGHTS as regards intellectual property and industrial, and of the EUROPEAN CONVENTION OF the HUMAN RIGHTS :
ARTICLE 1 (of the additional protocol to the convention of safeguard of the Human Right and fundamental freedoms of March 20th, 1952]: “Protection of the property. Any human person or morals is entitled to the respect of her properties. No one cannot be private of her property that for the public cause and under the conditions envisaged by the law and the general principles of the international law. The preceding provisions do not carry not reached to the right which the laws have the states to put into force that they consider it necessary to regulate the use of the goods in accordance with the general interest or to ensure the payment of the taxes or other contributions or fines.")
FRENCH COMMERCIAL LAW : Legislative part
BOOK IV: OF THE FREEDOM OF THE PRICES AND COMPETITION
TITLE II: ANTI COMPETITIVE PRACTICES
Article L420-1 (Law nº 2001-420 of May 15th, 2001 Article 52 Official Journal of the French Republic of May 16th, 2001):
- Are prohibited even by the direct or indirect intermediary of a company of the group established out of France, when they have as an aim or can cause to prevent, to restrict or distort the play of competition on a market, the joint actions, conventions, agreements tacit or expresses or coalitions, in particular when they tend to:
1º - To limit access to the market or the free exercise of competition by other companies;
2º - To make obstacle with the fixing of the prices by free plan of the market by artificially supporting their rise or their fall;
3º - To limit or control the production, the outlets, the investments or Technological advance;
4º - To distribute the markets or the sources of supply.
Article L420-2 (Law nº 2001-420 of May 15th, 2001 Article 66 Official Journal of the French Republic of May 16th, 2001) (Law nº 2005-882 of August 2nd, 2005 Article 40 Official Journal of the French Republic of August 3rd, 2005):
- Is prohibited, under the conditions envisaged with the article L. 420-1, the abusive exploitation by a company or a group of companies of a dominant position on the interior market or a substantial part of this one. These abuses can in particular consist of refusal to sell, DEPENDANT SALES OR DISCRIMINATORY CONDITIONS OF SALE like in the RUPTURE OF ESTABLISHED COMMERCIAL RELATIONS, with the only reason that the partner refuses TO SUBJECT HIMSELF TO UNJUSTIFIED COMMERCIAL CONDITIONS.
- Moreover is prohibited, since it is SUITABLE FOR AFFECT THE OPERATION OR THE STRUCTURE OF COMPETITION, the abusive exploitation by a company or a group of government enterprises of economic dependence in which in its connection a company customer or supplier is. These abuses can in particular consist of refusal to sell, bound sales, Discriminatory practices aimed to the I of the article L. 442-6 or of agreements of range.
PRELIMINARY CLAUSE WITH ANY NEGOTIATION
Consequently points of the preamble, any negotiation, of some nature that it is compared to the service and/or with the transfers of Licenses imperatively implies the petitioning signature du/des on an original specimen of the AGREEMENT OF CONFIDENTIALITY (Click known the bond to download it). NO CONTRACT will be able to engage the CBRD-Found.® Foundation, if the agreement of confidentiality signed and correctly supplemented parts justifying of the identity and the title of the signatory is not turned over beforehand to the seat of the CBRD-Found.® Foundation [14, RUE DU DAUPHINÉ 34090 MONTPELLIER - FRANCE]. It is this part which starts any commercial relation for SERVICES or TRANSFERS OF LICENSES.
PRINCIPLE GENERALS OF USE FOR LICENSES IN SECTORS OF “HIGH TECHNOLOGIES” AND/OR “FIELD SAID ECONOMICALLY CONSIDERABLE”
The CALCULATION OF THE EXCISE TAXES of technologies having a practical application to the international plan is established starting from the figuring of the total cost price (manufacturing costs and costs of balanced additional assembly when the object of License is to be installed in another product) Worldwide market of the sector concerned (example: automobile industry, world park of vehicles registered, renewal rate of the park, given on the household expenses) the reasonable possible margin for each of the two stages assigned to the product. It is then established a median value for the industrialized countries representing a substantial market this fixes the value of the Licenses.
Taking into account the importance of the markets in sectors of “High Technology” and/or in “Fields said Economically Significant” (representing a fundamental importance for the sector but also for other economic sectors), the price of LICENSE TAXES thus calculated representing a considerable financial reality for the purchasers of Licenses is share out on two types of Licenses corresponding to two stages: “Licenses of Manufacture”, allowing their purchasers to manufacture the products and to market them only close to the holders of “Licenses of Distribution”, and the “Licenses of Distribution” allowing their purchasers to market the products with the produced of the aforesaid users.
All the types of Licenses are attached to the territory of TWO STATES, given that grouping of States (examples: The USA and Europe) cannot be heard like a State.
Let us note on this occasion that the Licenses are attached to a territory (of two States). Consecutively that if a product object of “License of Manufacture” is attached to the territory of two States, manufacture can be made only in these two States. On the other hand, the holder of the “License of Manufacture” sells the product of his manufacture to a holder of “License of Distribution” in different territories.
In order to identify the counterfeits, all the parts of the products objects of “Licenses of Manufacture” are identified by an obligatory specific referencing. A state of referencing's of the parts must be held and communicated to yielding Licenses.
When in certain fields the purchaser (legal entity) of “License of Manufacture” are also product users manufactured and do not resell with thirds out of the economic group formed by the legal entity and only in this case (any exemption from this implying nullity of “special License” and obligation of replacement by acquisition of “License of Manufacture” and “License of Distribution”) it is established a “SPECIAL LICENSE” allowing the Distribution within the financial group whose purchaser (legal entity) of License is with the head.
Certain products, object of “Licenses of Manufacture” can be attached to marks managed by the CBRD-Found.® Foundation; In this case, the “License of Manufacture”, as the “License of Distribution” can imply the acquisition of “Licenses of Marks”. These “Licenses of Marks” create obligation to affix an identifier (Logotype of the mark) visible on the products. This one is independent of the specific referencing of each part making it possible to identify the counterfeits.
This METHOD OF CALCULATING and excises taxes of will the expenses of Licenses is thus equitable and allows multiple combinations by avoiding the drifts with respect to the spirit of the know-recalled laws, taking account of the cost of research and focusing for exploitation industrial and economic on subjects having indeed outlets making it possible to cover these costs, like those of safeguarding of the intellectual property and industrial with respect to the counterfeiters.
Thus, in practice, the “REAL ESTATE” (for memory a “intellectual property and industrial” is attached to a territory and is thus by nature a real estate) been the subject of an acquired right by payment at the beginning of annual term of a fixed amount following the calculation indicated in paragraph 1, for the first year. The following years the amount is fixed by a percentage on selling price NAT (Net of All Tax) of the marketed products object of the License. Given that the purchaser of Licenses did not can acquire those in order to (sic) “Limit or control the production, the outlets, the investments or technological advance”, the minimal value of the marketed products cannot be lower than the payment of first year indexed on the indices of the “cost of living” for the territorial zone concerned.
In accordance with the practices and in the shared interest of yielding License and the holder of Licenses, the payment of first year includes (except translator and stay, traveling expenses, if necessary) an technical aid of launching (series) of the product object of the License. With this occasion, we draw your attention to the fact that within the CBRD-Found.© Foundation, the products objects of Licenses are not conceptual products excluding the concept of industrial production profitable. And thus, are products processed not only according to the key principle of “repetetivity and certainty of result” specific to our mode of study for the special machines, but also taking account of a reality of markets and economic production for the Companies having acquired the Licenses. It does not remain about it less than each manufacturing unit has its own methods, and than this assistance is there for, if necessary, making it possible these Companies to respect the specifications not to denature qualities of the product by allowing possible adaptations of the product compared to the means of manufacture specific to the Laid off Companies.
Insofar as the purchaser of Licenses does not have itself, or in his personnel, people ready to include the technical data of the product object of Licenses based on known physical facts, this one can make proceed to the realization of a material of demonstration within the framework of the order of services of CBRD-Found.© Foundation, for realization by thirds (Invitation to tender, follow-up of manufacture, provisional acceptance, final acceptance), or for realization by its manufacturing unit (study, followed manufacture, provisional acceptance, final acceptance). Given that the product carried out cannot be sold with thirds and enters within the framework of the contract of agreement of confidentiality. The amount of these services is deduced later on from the amount of “Licence tax”.
The Licenses of Mark, Manufacture, Distribution are obligatorily delivered share sections of two States (country) cannot be regarded as States (country) the Unions of States cannot be regarded as only one State (examples: The USA, and Europe). The License of Manufacture allows the purchaser only the sale products object of License(s) that with holders of License(s) of Distribution whatever the countries object of their License(s).
On certain products objects of Licenses, the purchasers of Licenses of Manufacture can also enter in an account in receipts the FRUIT of of the aforesaid exploitation produced, without to market them with holders of Licenses of Distribution. In this case it is envisaged a User license whose yearly rental is established on the Sales turnover NAT (Net of All Tax) and is regulated, it, at the end of the annual term.
The VALUE OF LICENSES (8% FLT) is precisely calculated in relation to the reality of global markets.
Thus, for example for the “Technology of the Dynamic Engine ®”, it was examined, country-by-country basis, the volume of piston engines in operation, used on: LAND VL, PL, coaches, equipment mobile and stationary mines and quarries, agricultural machinery, military vehicles, RIVER barges, pleasure boats, boats, SEA boats container ship, boats for transportation of liquids or minerals or agricultural products, boats of cruising's, boats pleasure, AIR planes with propellers, planes with engines, supersonic planes civil & military. It is based on official data from Governments.