1. Subject matter and scope of performance
The subject matter and scope of the Law Firm´s services are providing legal advice as well as the extrajudicial and judicial representation of the client in the fields of intellectual property rights, furthermore, drafting of contracts in the field of research and development, including accompanying contractual forms such as letters of intent, material testing agreements, NDAs, memorandums of understanding, term sheets and the like.
This may include, in particular, the following services:
- Advising on the client's intellectual property rights, IP maintenance, application for and enforcement of IP rights;
- IP and IP related searches;
- Representation vis-à-vis the respective patent and trademark offices, extrajudicial and judicial representation of the client, representation of the client vis-à-vis other authorities, in particular customs authorities, including applications for border seizures;
- Reviewing and drafting contracts, preparing legal assessments and legal opinions, providing written and remote or oral information on matters of intellectual property.
The consideration of services other than those mentioned above, and, the consideration of other areas of law or foreign law is generally excluded.
2. Service details, individual mandates and order release
The details of the activities to be taken over by the Law Firm, within the framework of this Agreement, shall result from the individual agreement between the Client and the Law Firm. The assignment shall be made in text form.
3. Client's duty of disclosure and information
The client shall ensure that all documents required for carrying out the services ordered are submitted to the Law Firm in due time, notwithstanding the Law Firm's specific request, and that the Law Firm is informed of all events and circumstances which may be of importance for the Law Firm's activities. This also applies to information, documents, processes and circumstances which arise or become known to the client in the course the Law Firm's work.
At the Law Firm´s request, the Client shall confirm the completeness of the documents submitted and the information and explanations given in a written statement.
4. Attorney-Client privilege, Duty of Care
In accordance with the law, the Law Firm is obliged to maintain secrecy about all facts that become known to its members and employees in connection with their work, irrespective of whether this information concerns the Client himself or his business activities, unless the Client releases him from this obligation to maintain secrecy.
The obligation to retain and surrender documents/files shall expire 36 months after completion or termination of the individual order.
5. Processing time for general legal services
The Law Firm always strives to process mandates in a particularly timely manner. Usual assignments of a smaller volume (up to 3 hours) are usually completed within 5 working days. In the case of a larger order volume, the client will be informed of the estimated processing time. Deviating processing times apply to the Priority Concierge Service.
6. Processing time IP searches
The duration of the IP searches depends on the individual order volume and the type of IP rights. The standard processing time for small-scale IP searches is usually 5-7 working days from receipt of payment. The Client will be informed of the estimated duration and possibilities for accelerating the search, the latter subject to availability.
7. Urgent processing and urgency surcharges
In case of more urgent orders, the following urgency surcharges apply, subject to availability:
- for processing within 24h: surcharge of 50% of the standard rate
Urgency surcharges for IP searches are levied in accordance with those for general legal services. Urgent processing may not be available in every case; Availability will be communicated on an individual basis.
8. Upon order release, the following agreement on fees is agreed between the Client and the Law Firm
8.1 Legal Fees
A separate quotation shall be prepared for each mandate/order, covering the steps necessary for the respective task. A total price shall be quoted for the services contained therein in accordance with this agreement. Each mandate is handled based on an advance payment. If an exception to the advance payment obligation is granted, the lawyer may request an appropriate advance payment at any time.
If the mandate has been assigned to several lawyers for joint execution, each lawyer shall receive the full remuneration for his work in accordance with § 6 RVG.
The services within the meaning of this agreement include, in particular, activities within the meaning of Section 34 RVG (advice, expert opinions and mediation) as well as out-of-court and judicial representation of the client, representation vis-à-vis intellectual property offices and other authorities, in particular customs authorities, registration and enforcement of intellectual property rights, the provision of written and (remote) oral advice, the preparation of legal analyses, expert opinions and documents, the review and drafting of contracts, the conduct of contract negotiations, the holding of seminars and training courses, as well as the performance of court and other out-of-court appointments including the respective travel times.
8.2 Expenses and VAT
Any necessary out-of-pocket expenses, such as official fees, fees of notaries, consular services, domestic and foreign cooperation lawyers and additional costs incurred in connection with the order, as well as the statutory taxes, are not included in the lawyer's fee and will be charged separately. The value added tax is calculated according to the legal requirements at the time of invoicing.
8.3 Exclusion of offsetting
Offsetting the agreed legal fees against any legal fees that may be incurred at a later date or within the framework of an other order is excluded.
8.4 Invoice documents and due date for payment
Invoice documents are usually sent by e-mail. The invoiced fees and expenses are due upon receipt.
8.5 Please note that
- the statutory fees can be calculated according to the value in dispute pursuant to section 2 (1) RVG,
- the agreed remuneration may exceed the statutory remuneration,
Any reimbursement or assumption of costs of legal services by third parties (opposing party, public treasury, legal expenses insurer, etc.) is usually limited to the lawyer's remuneration provided for by law and therefore the agreed remuneration may not or not completely be assumed by third parties. In particular, the opposing party, a party to the proceedings or the state treasury regularly does not have to reimburse more than the statutory remuneration in the case of reimbursement of costs.
9. Scope and performance of the order, results
The subject of the orders placed with the Law Firm is the agreed activities, not a specific success. The orders shall be carried out in accordance with the principles of conscientious professional practice. The Law Firm shall be entitled to make use of expert persons for the execution of the tasks; this shall also include auxiliary persons within the meaning of § 5 RVG.
10. Limitation of liability
In cases of slight negligence, the Client's claim under the contractual relationship existing between it and the Law Firm for compensation for damage caused by the Law Firm or its auxiliary persons shall be limited in accordance with the statutory regulations.
In cases of gross negligence or intentional causation of damage as well as in cases of injury to life, body or health of a person, the Law Firm shall be liable without limitation, within the scope of the statutory regulations.
In addition, the following applies to IP searches: The software, AI and service providers used for the IP searches are selected by the Law Firm critically and according to high quality standards. Although the greatest care is taken in handling the databases and data, which originate from official or private sources of the best quality, and in translating this data, liability is limited exclusively to reasonable effort. Therefore, the Law Firm does not guarantee the accuracy or completeness of the data used or their use. The Client expressly accepts and acknowledges that the Law Firm cannot be held liable for any consequences resulting from errors or omissions in the databases or in the translations used, provided or made or in the research or monitoring reports.
11. Term
This agreement shall take effect from the time of order release by the Client. It shall apply until completion of the agreed services. The provisions which, by their nature, must be effective beyond the duration of the engagement or the duration of which is explicitly stated, shall have effect beyond the termination of the agreement. These include, inter alia, the provisions on legal professional privilege, liability, applicable law and place of jurisdiction.
12. Applicable law, place of jurisdiction, place of performance
German law shall apply exclusively to all mandates and orders, their execution and the claims arising therefrom or in connection with this agreement. Munich is agreed as the exclusive place of jurisdiction. The place of performance is the place of the Law Firm's professional establishment.
