Is a trademark agency power of attorney the same as an agency contract? Generally speaking, a power of attorney is two-way and a type of contract. It should be the same, and the rights and obligations in the agency are specifically reflected in the agency. in contract. A commission contract is often the basis for authorized behavior. The two are related to each other, but they are also different. For legal acts between both parties, both parties first sign an agency contract. An agency contract refers to a contract in which the client and the trustee agree that the trustee will handle the client's affairs. It is a paid contract signed on the basis of mutual trust between the two parties to handle matters on their behalf. It is a bilateral contract, and both parties bear contractual obligations to each other. We know that lawyers need to be authorized when acting as agents. This involves the question of whether special authorization is required. If there is no special authorization, it is a general authorization. Because incidental civil litigation is equivalent to a civil lawsuit, the litigation agent has to argue in court, propose recusal, and may also need to reconcile, admit, change the claim, etc. The subsequent reconciliation, admission, change request, withdrawal, etc. need special attention. Authorization. This is a manifestation of the discretionary power of the parties involved in civil litigation. The first sentence refers to the agent ad litem in criminal proceedings. The agent does not have the right to change claims, reconcile, etc., because it is the public prosecution agency or the procuratorate that makes the accusation. Not to mention the agent ad litem, even the victim himself cannot change it. Litigation is requested or withdrawn, so general entrustment is enough and no special authorization is required. Because the victim himself does not have these rights, how can he authorize a lawyer to do it? Therefore, there is no need for special authorization. This is the same thing about criminal law in our country and even around the world, that is, in criminal law, the state is the prosecutor, and the victim, as the party, does not enjoy as much autonomy and disposal rights as in civil law. An entrustment contract is a legal act between both parties. It must be established based on the unanimous expression of intention of both parties, that is, the entrusting party is willing to authorize and the entrusted party is willing to accept. In practice, in order to prevent the occurrence of disputes, the best way is to issue a power of attorney and at the same time, the principal and the trustee sign an entrustment contract that stipulates the rights and obligations of both parties in detail. A power of attorney generally only addresses the issue of whether agency power is formed, while an agency contract generally only addresses the rights and obligations of both parties, but does not necessarily resolve the issue of agency power. If there is a special authorization clause in the entrustment contract that clearly stipulates the agency matters, authority, period, etc., then there is no need for additional authorization. The agent will obtain the agency power when the entrustment contract is signed and becomes effective. If there is no explicit expression of authorization in the entrustment contract and only stipulates other rights and obligations, the trustee cannot be considered to have obtained agency power. An entrustment contract generally includes the following clauses: ① The names, legal representatives, and legal addresses of the principal and the trustee; ② The entrustment matters; ③ Agency authority; ④ Agency period; ⑤ Requirements and restrictions on the exercise of agency power; ⑧ Principal’s Rights and obligations; ⑦ Rights and obligations of the trustee; ⑧ Calculation standards and payment methods of agency fees (commissions); ⑨ Liability for breach of contract, etc. To sum up, a power of attorney and a power of attorney contract are the same. A letter of attorney is also a type of contract, but the name is different. However, there are also some subtle differences. In the contract, the rights and obligations that both parties should bear are generally specified. , and what to do after a breach of contract, etc., while the power of attorney is more inclined to a unilateral entrustment of rights.