AGB

GENERAL BUSINESS CONDITIONS (GTC)

§ 1 Scope

• These General Terms and Conditions apply to all mandates between the law firm and entrepreneurs within the meaning of § 14 BGB. Consumers within the meaning of § 13 BGB are generally not represented.
• These conditions apply to all current and future mandates, even if this is not explicitly referred to again.
• Deviating terms and conditions of the client shall not apply unless they are expressly recognised in writing.
• Should a consumer be represented in individual cases, Part VI of these General Terms and Conditions shall apply in addition.

PART I – PROTECTION RIGHTS / INTELLECTUAL PROPERTY

§ 2 Subject matter of activities in the field of intellectual property rights

The firm advises and represents comprehensively in the field of national, European and international industrial property rights and other IP rights, in particular with regard to:

• Marks (word, image, word/image marks)
• (including 3D-marks, colour marks, Union-marks and IR-marks)
• Patents
• Utility models
• Designs (flavor pattern)
• Copyrights
• Performance protection rights
• Protection of know-how and trade secrets
• Domain rights
• License rights
• Competition protection positions
• IT and software related rights
• Database rights
• AI-related IPR issues
• Semiconductor protection rights
• Plant variety rights
• Other technical and non-technical intellectual property rights worldwide

§ 3 Representation and notification procedures

The law firm takes over the representation to national and international offices and authorities, in particular:

1. German Patent and Trademark Office (DPMA)
   • European Union Intellectual Property Office (EUIPO)
   • World Intellectual Property Organization (WIPO)
   • European Patent Office (EPO)
   • foreign patent and trademark offices
2. The representation shall include in particular:
   • Preparation and submission of applications
   • Execution of the examination procedure
   • Responses to complaints
   • Opposition and cancellation procedures
   • Extension and conversion procedures
   • Priority and time limits management
3. The office is always charged. The remuneration is based on:
   • in accordance with an individual fee agreement; or
   • by time spent; or
   • at least in accordance with the RVG, where applicable.
4. The client shall pay official fees, publication fees, renewal fees and foreign correspondents' fees separately.
5. In international proceedings, the involvement of foreign correspondents is permitted and necessary. The use of foreign correspondents is done on behalf and on account of the client. These act in the name of the client. The client shall bear their compensation.

§ 4 IP searches and IP monitoring

1. The firm offers the evaluation of IP search and surveillance services, in particular:
   • IP research of all kinds (Stand-der-Technik, FTO, opposition, objection etc)
   • Identity and similarity searches
   • Collision searches
   • Trademark monitoring
   • Design monitoring
   • Patent monitoring
   • Domain monitoring
   • Competition observations
   • Market and injury monitoring
2. Monitoring is carried out regularly as a permanent mandate against ongoing remuneration.
3. Searches and monitoring can be carried out by external search companies.
4. There can be no guarantee for completeness, correctness or topicality.
5. Liability of the law firm or the commissioned search companies for database gaps, register delays or international publication delays is excluded.
6. In particular, an IP application involves risks such as:
   • Contradictions
   • Requests for cancellation
   • Annulment procedure
   • Injury attacks
   • Warnings

These risks remain with the client.

PART II – GENERAL CLASSIFICATION AND REPRESENTATION

§ 5 Scope of legal activity

The firm advises and represents nationally and internationally in particular in the following areas:

• All industrial property rights
• Competition law (UWG)
• IT law and data protection law
• Contract law national and international
• Commercial and company law
• M&A
• Distribution law
• License right
• Media law
• Economic law in general and international
• General civil law
• General administrative law and special administrative law
• Criminal law in exceptional cases
• Judicial proceedings before state courts
• Arbitration
• Administrative procedures
• international enforcement

The assignment is always mandated.

§ 6 Obligations of the client to cooperate

1. The client is obliged to provide all information necessary for the mandate in full, truthful and timely manner.
2. The firm may rely on the accuracy, completeness and legality of the information provided by the client.
3. There is no obligation to investigate the facts independently.
4. Documents of the Registry shall be verified by the client without delay for accuracy.
5. Economic valuations or strategic decisions are the sole responsibility of the client.
6. Time limits missed by late participation fall within the scope of the client's responsibility.

PART III – REVENUE

§ 7 Fee

1. The billing is generally based on time.
2. Unless there is a fee agreement, the settlement shall be made at least in accordance with the Law Remuneration Act (RVG).
3. Flat-rate fees, retention agreements and project fees are possible.
4. All prices are net plus statutory VAT.
5. The client shall also bear external costs, expenses, official fees, court costs, travel costs and costs of external service providers.

PART IV – LIABILITY

§ 8 Liability according to reason

1. The firm is fully liable to:
   • Purpose
   • gross negligence
   • Injury to life, body, health
2. In the event of simple negligence, the law firm shall only be liable for breach of essential contractual obligations (cardinal obligations).
3. No liability exists for:
   • economic decisions of the client
   • Business risks
   • Market developments
   • Infringements of IPR
   • Actions of third parties
   • foreign legal developments
   • Non-registration or deletion of intellectual property rights
   • Inconsistencies/oppositions of third parties
   • International legal changes
   • Business misdecisions
   • Market or technology risks
   • Actions of third parties or authorities
   • lost business opportunities

§ 9 Liability of the amount according to

1. Liability for damage caused by simple negligence is limited to the statutory minimum amount of insurance according to § 51 BRAO.
2. If a higher liability is desired, this requires a separate written agreement.
3. The limitation of liability also applies in favour of:
   • Employed lawyer
   • Freelance staff
   • Cooperation partners
   • Correspondence lawyers
   • External service providers
4. Liability is limited to the amount of damage typically foreseeable.
5. Several breaches of duty are considered to be a single liability case.
6. To the extent permitted by law, liability for slightly negligent breaches of duty is excluded, unless a cardinal obligation is affected.
7. Liability for indirect damages, loss of profit, production losses or consequential damages is excluded insofar as permitted by law.
8. In particular, the following are excluded:
   • Loss of profit
   • Production losses
   • Reputational damage
   • Consequences
   • Contractual penalties and such third parties
   • Financial losses

PART V – FINAL PROVISIONS

§ 10 Communication

Electronic communication is carried out at the risk of the client, unless encryption has been agreed.

§ 11 Place of jurisdiction and law

1. Only German law applies.
2. Place of jurisdiction is – to the extent permitted – Hanover.
3. The law firm is also entitled to bring actions against other legal jurisdictions.

§ 12 Severability clause

Should a provision be ineffective, the effectiveness of the other regulations remains unaffected. Instead of the ineffective provision, a legally permissible rule comes closest to the economic purpose.

PART VI – SPECIAL RULES FOR CONSUMERS (AUSNAHMS)

§ 13 Applicability

1. If, exceptionally, a consumer is represented, the above regulations apply accordingly, as far as legally permissible.
2. Compulsory consumer protection regulations remain unaffected.

§ 14 Liability to consumers

1. The limitation of liability does not apply insofar as mandatory consumer law is contrary.
2. In the event of simple negligence, the law firm shall only be liable in the event of breach of essential contractual obligations.
3. Liability is limited to foreseeable damage typical of the contract.
4. There is unlimited liability for intent, gross negligence and injury to life, body or health.

§ 15 Right of withdrawal

Insofar as a distance contract with a consumer is concluded, a separate cancellation policy is issued.

§ 16 Place of jurisdiction

The legal jurisdictions apply to consumers.

§ 17 Applicable law

German law applies to the exclusion of the UN Sales Convention, as far as permitted.

§ 18 Severability clause

Should a provision be ineffective, the effectiveness of the other regulations remains unaffected.