1. These terms and conditions relate to the engagement given to Ipriq Ltd to whether or not the engagement is given through any of Ipriq’s websites (such as Reggster.com) or through other means.
2. The attorney shall safeguard the rights and interests of the principal and carry out the engagements with due care, in a professional manner and within a reasonable time, considering the circumstances.
The attorney is entitled to assume that the principal has given him all necessary relevant information regarding the engagement. When the engagement concerns an application for an intellectual property right, the principal shall inform the attorney of the extent of the mandate, of any relevant known circumstances and of any previously filed applications and publications relating to the same field.
The principal warrants that in so far as the engagement requires, he has the right to engage the services of the attorney.
The attorney shall conduct background searches into earlier rights, prior art or designs only if it has been specifically agreed with the principal.
The principal accepts that the attorney’s obligations may be limited by the service level chosen by the principal.
3. When documents prepared by the attorney are submitted to the principal for consideration and comments, the principal shall check the accuracy of the documentation. The attorney shall be entitled to consider that the principal accepts the content of the documents, unless he states otherwise without delay.
4. The attorney shall keep the principal informed and up to date about the engagement. The principal shall provide the attorney with the information needed to handle and proceed with the matter.
5. The attorney shall keep confidential information received from the principal with professional ethics and in accordance with the Finnish law on authorized industrial property attorneys. The attorney is not responsible for the confidentiality of e-mail correspondence, electronic communications and telephone communications.
The attorney shall be entitled to publish the trademark applications in on its website, social media and its marketing materials. This right is limited to publishing the trademark, applicant’s name and a short description of the public case info, unless specifically agreed with the principal that more extensive publication is allowed.
6. If attorney’s compensation has not been agreed beforehand, the attorney will be entitled to compensation that is usual with similar engagements. The principal is responsible for the payment of all government fees and other expenses.
The attorney is entitled to a retainer.
The attorney has the right to terminate the engagement if the principal fails to fulfil its obligations under these terms and conditions such as payment of compensation or providing sufficient information or documents to handle the engagement.
7. If there is a time limit in the engagements (for example an office action), the principal must provide all relevant information in a timely manner so that the work can be carried out with due care.
If the principal’s instructions are not received in good time before the expiry of the time limit, the attorney shall apply for an extension of time, unless the circumstances indicate otherwise. The attorney is entitled to a reasonable compensation for such measures.
If the attorney has not received the assignment or the instructions in time, or the principal has not fully paid the attorney’s invoice or has not paid it in time, the attorney shall not be liable for any damage or loss based upon the fact that the engagement has not been carried out in due time.
8. As far as the mandate covers measures to be taken outside Finland, the attorney shall be entitled to agree with a third party/local attorney that such measures be taken on behalf of the principal. Such third party/local counsel shall be appointed with due diligence. The attorney shall not be liable for any wrongdoings or omissions by such third party/local counsel, but is obliged to inform the principal of any circumstances that the attorney has become aware of and which can be of importance for the principal.
9. If the principal claims that the work carried out by the attorney is defective or has been negligently performed and as a result the principal has suffered a loss or damages, he must inform the attorney accordingly within thirty (30) days from the time he has noticed or should have noticed the defect (complaint). Such complaint must, however, be made in any case within 6 months after the work covered by such complaint was performed.
Attorney’s liability is limited to the amount that the principal has paid the attorney for the case which relates to the loss or damage and in no case shall the attorney’s liability exceed two hundred and fifty thousand (250 000) euros.
10. The attorney has the right to terminate the engagement when he is obliged or entitled to do so according to the guidelines of the Board of Industrial Property Attorneys concerning good professional practice.
The attorney shall also have the right to terminate the engagement, if the engagement has been essentially altered or extended with respect to its scope or contents.
The attorney has a special right to terminate the engagement if the principal does not fulfill his obligations or if the principal requires the attorney to act against good professional ethics or standards.
After the termination of the engagement the attorney has no obligation to forward or analyze to the principal any notifications or documents it receives after the termination of the engagement. The same apply if the principal has instructed the attorney that the engagement should be terminated or removed from the attorney’s records.
11. The attorney’s obligation to carry out measures after the property right is granted is limited to the forwarding of communications related to the said right to the principal. The attorney shall be entitled to compensation and costs related thereto.
12. The principal is expected to observe any communications concerning time limits for the maintaining or renewing any property right. Should the principal wish a granted property right to be maintained, he is expected to provide the attorney with necessary instructions for the maintaining of said right well before the expiry of such a time limit, even though the principal has not received a reminder in respect of the maintenance or a renewal.
The instructions to the attorney for the maintenance or abandonment of the right must be complete, unambiguous and clear.
Should the instructions for an engagement or any payment not reach the attorney in time, the attorney shall be entitled to conclude that the principal has chosen to terminate the engagement.
13. All notifications must be sent to principal’s last known address. If the principal has informed his email address, the attorney has the right to send notifications and communications by email. The principal must inform the attorney any change of address (including email address). If the attorney can not communicate with the principal because of changed address that has not been notified to the attorney, the attorney is not obliged to take any action on the matter. The attorney shall not be responsible for a case which has lapsed because of failure to inform of a change of address.
14. The relationship between the principal and the attorney is governed by Finnish law. Any dispute arising from a mandate shall be settled by a single arbitrator in accordance with the Act on Finland in arbitration proceedings. The arbitrator shall be appointed by the Central Chamber of Commerce Arbitration Institute.
However, either party is entitled to bring a matter concerning an overdue claim before a general court and execution authorities.