UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549

FORM 8-K

CURRENT REPORT

PURSUANT TO SECTION 13 OR 15(d)
OF THE SECURITIES EXCHANGE ACT OF 1934

Date of Report (Date of Earliest Event Reported): March 21, 2017

CBAK ENERGY TECHNOLOGY, INC.
(Exact name of registrant as specified in its charter)

Nevada 001-32898 86-0442833
(State or other jurisdiction (Commission File No.) (IRS Employer
of incorporation)   Identification No.)

BAK Industrial Park, Meigui Street
Huayuankou Economic Zone
Dalian, China, 116450
(Address, including zip code, of principal executive offices)

(86)(411)-3918-5985
(Registrant’s telephone number, including area code)

(Former name or former address, if changed since last report)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

[  ]  Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
   
[  ]  Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
   
[  ]  Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
   
[  ]  Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))


ITEM 1.01. ENTRY INTO A MATERIAL DEFINTIVE AGREEMENT

On March 21, 2017, CBAK Energy Technology, Inc. (the “Company”) and its wholly owned subsidiary, Dalian CBAK Power Battery Co., Ltd (“Dalian CBAK”) entered into a termination agreement (the “IP Termination Agreement”) with the Company’s former subsidiary, Shenzhen BAK Battery Co., Ltd (“Shenzhen BAK”), pursuant to which the parties agreed to terminate the intellectual property license agreement that they entered into on August 25, 2014 (the “License Agreement”). Under the License Agreement, Shenzhen BAK licensed to the Company and Dalian CBAK any and all intellectual property rights that Shenzhen BAK owns for a term of five years.

As a result of the execution of the IP Termination Agreement, the License Agreement was terminated in its entirety and was deemed null and void. The Company and Dalian CBAK may not use or transfer to any third party any intellectual property right licensed to them by Shenzhen BAK pursuant to the License Agreement. In addition, Shenzhen BAK agreed to pay $1 million to the Company as the termination fee no later than one month after the execution of the IP Termination Agreement. Shenzhen BAK also agreed to unconditionally transfer for free to Dalian CBAK any registered trademark and logo containing the word “CBAK” owned by Shenzhen BAK or its subsidiaries (including but not limited to the trademark with the registration number of 5735737). Dalian CBAK and Shenzhen BAK will enter into a separate transfer agreement to govern this matter.

The foregoing description of the IP Termination Agreement is qualified in its entirety by reference to the full text of the English translation of the IP Termination Agreement, a copy of which is filed as Exhibit 10.1 to this Current Report.

ITEM 1.02. TERMINATION OF A MATERIAL DEFINITIVE AGREEMENT

The information set forth in Item 1.01 above is incorporated by reference in response to this Item 1.02.

ITEM 9.01. FINANCIAL STATEMENTS AND EXHIBITS.

(d) Exhibits

Exhibit Description
   
10.1 English Translation of Termination Agreement of Intellectual Property License by and among CBAK Energy Technology, Inc., Dalian CBAK Power Battery Co., Ltd and Shenzhen BAK Battery Co., Ltd, dated March 21, 2017

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SIGNATURE

Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

  CBAK ENERGY TECHNOLOGY, INC.
     
     
Date: March 23, 2017 By: /s/ Yunfei Li
    Yunfei Li
    Chief Executive Officer

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EXHIBIT INDEX

Exhibit Description
   
10.1 English Translation of Termination Agreement of Intellectual Property License by and among CBAK Energy Technology, Inc., Dalian CBAK Power Battery Co., Ltd and Shenzhen BAK Battery Co., Ltd, dated March 21, 2017

4

Exhibit 10.1

Termination Agreement of Intellectual Property License (English Translation)

This agreement was entered into by the following parties in Dapeng new district, Shenzhen on March 21, 2017.

Party A: Shenzhen BAK Battery Co., Ltd
Legal Representative: Xiangqian Li
Address: BAK Industry Park, Kuichong Street, Dapeng New District, Shenzhen

Party B: Dalian CBAK Power Battery Co., Ltd (formerly “Dalian BAK Power Battery Co., Ltd”)
Legal Representative: Yunfei Li
Address: No.11, Meigui Street, Huayunkou Economic Zone, Dalian, Liaoning

Party C: CBAK Energy Technology, Inc.
Chairman of the Board: Yunfei Li
Address: No.11, Meigui Street, Huayunkou Economic Zone, Dalian, Liaoning

WHEREAS:

Party A, Party B and Party C (collectively, the “Parties”) on August 25, 2014 entered into an intellectual property license agreement (the “License Agreement”) under which Party A licensed to Party B and Party C any and all intellectual property rights that Party A owns for a term of five years and for free. After friendly negotiation, the Parties now desire to terminate the License Agreement in its entirety and hereby agree:

1.

Termination of License Agreement.


  1)

Effective as of March 21, 2017 (the “Termination Date”), the License Agreement is terminated in its entirety and shall be deemed null and void. Party B and Party C shall have no further claim against Party A for any right under the License Agreement from and after the Termination Date, regardless of whether such claim was made prior to or after the execution of the License Agreement.

     
  2)

On or after the Termination Date, Party B and Party C shall not use or transfer to any third party any intellectual property licensed to it by Party A.

     
  3)

After the termination of the License Agreement, Party A shall pay US$1 million to Party C as the termination fee for early termination no later than one month after the execution of this agreement, and Party A and its subsidiaries shall transfer to Party B unconditionally and for free any registered trademark and logo containing the word “CBAK” owned by Party A or its subsidiaries (including but not limited to the trademark with the registration number of 5735737). Any term or provision of such transfer shall be subject to a separate transfer agreement to be entered into between Party A and Party B.



2.

Liability of Breach of Contract and Dispute Settlement


  1)

Each Party shall strictly perform its respective obligations under this agreement and any failure to perform or incomplete performance shall be deemed as breach of contract.

     
  2)

Any disputes arising out of this agreement shall be settled through friendly negotiation; in case no settlement can be reached, each Party can file a law suit to the local People’s Court with jurisdiction in which this agreement is executed.


3.

Binding Effect of Contract and Others


  1)

This agreement shall not be binding on either Party until it is executed and sealed by each Party on March 21, 2017.

     
  2)

In regard to any matter not covered in this agreement, it shall be otherwise agreed by all of the Parties on the basis of negotiation, and shall be reflected in a supplemental agreement.

     
  3)

This agreement has three original copies and they all have the same legal effect.

Shenzhen BAK Battery Co., Ltd (seal)
Legal Representative: /s/ Xiangqian Li

Dalian CBAK Power Battery Co., Ltd (seal)
Legal Representative: /s/ Yunfei Li

CBAK Energy Technology, Inc.
Chairman of the Board of Directors: /s/ Yunfei Li

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