Kanved Patent Consulting ApS
Lysholt Allé 10
DK- 7100 Vejle
Vat. No.: 38981765
Valid from 1 January 2021
1. About us
1.1. Kanved Patent Consulting is a patent agency that provides counseling and services in the field of intellectual property law, primarily patents. We represent our clients before national and international authorities such as Patent- og Varemærkestyrelsen (”PVS”), European Patent Office (”EPO”) and International Bureau (”IB”).
1.2. Kanved Patent Consulting is member of the Institute of Professional Representatives before the European patent Office (”epi”).
1.3. Our Terms and Conditions involve all work performed by or on behalf of Kanved Patent Consulting on behalf of our clients.
2. Conflict of interest and ethical provisions
2.1. Kanved Patent Consulting only engages with clients if there are no conflict of interest with respect to other tasks conducted by Kanved Patent Consulting. When new clients are onboarded, a check for conflict of interest is always performed as part of the procedures.
2.2. We reserve the right to withdraw our cooperation in case of a conflict of interest.
2.3. Kanved Patent Consulting applies as a minimum epi’s provisions for impartiality.
2.4. If the client is aware of a potential conflict of interest in the work performed, the client is obliged to inform Kanved Patent Consulting.
2.5. Kanved Patent Consulting complies with the highest standard with respect to ethics such as epi’s Code of Conduct and Regulation on Discipline.
2.6. Kanved Patent Consulting maintains specific cases secret and do not use cases or clients for marketing purposes unless the client has consented.
3.1. All information given to Kanved Patent Consulting is under confidentiality obligations.
3.2. Kanved Patent Consulting as a minimum complies with epi’s Code of Conduct and Regulation on Discipline.
3.3. Confidential information does not include information that has already been subject of public disclosure.
3.4. Kanved Patent Consulting is not excluded from sharing confidential information with partners and subcontractors if such information is necessary for handling the client’s interests.
4.1. Kanved Patent Consulting strives to providing the highest counselling quality.
4.2. With respect to specific tasks, it is the client’s responsibility to provide necessary information, either oral or written information.
4.3. If the information may have an influence on the outcome of a case or loss of rights, it is necessary with written information such as an email. Telephone calls or text messages by phone are not adequate. The information is considered formally received once Kanved Patent Consulting confirms having received the information. This also applies as a general rule for information provided by the client.
4.4. It is the client’s responsibility to inform about changes that may have an impact on work performed by Kanved Patent Consulting such as changes in address, assignments, etc.
4.5. Kanved Patent Consulting cooperates with reputable foreign companies in connection with patent cases outside the jurisdiction of the EPO, PVS or IB. Kanved Patent Consulting provides instructions to these companies, whereby these companies take over the specific responsibility for the patent case in the jurisdiction in question. Kanved Patent Consulting assigns the specific responsibility to the specific company once a written confirmation is received by the specific company.
4.6. Kanved Patent Consulting reserves the right to use subcontractors in full or in part, unless a written request from the client has been received to do otherwise, such as in connection with novelty searches, renewal fees, etc.
4.7. Kanved Patent Consulting may not be held liable for loss of rights if such losses are caused by missing, insufficient, delayed, or incorrect information from the client, authorities, or foreign partners.
4.8. Kanved Patent Consulting is obliged to keep the clients rights in force unless instructions from the client is missing, or the client does not comply with financial or other obligations. Kanved Patent Consulting will do the outmost to avoid loss of rights.
4.9. Kanved Patent Consulting informs the client about relevant due dates and information in connection with the prosecution of the client’s applications.
4.10. It is the client’s responsibility to provide instructions on time with respect to information about due dates received from Kanved Patent Consulting to the client.
5. Handling of data
5.1. Kanved Patent Consulting has internal procedures for handling of data such as electronic record systems.
5.2. Kanved Patent Consulting performs daily backup of the electronic records.
5.3. We reserve the right to delete documents and files that are more than 5 years old once a case is no longer active.
5.4. Kanved Patent Consulting complies with applicable rules and regulations with respect to personal information.
6. Payment conditions
6.1. Kanved Patent Consulting’s salary is based on an hourly rate unless otherwise is agreed. Further to this hourly rate, there would be fixed charges for certain activities.
6.2. Kanved Patent Consulting charges for payment of expenses, including official fees and disbursements to partners. With respect to official fees and disbursements, we have an administrative surcharge of 10%. The surcharge includes administration, risk, financing, exchange rate fluctuations and attorney liability.
6.3. Kanved Patent Consulting reserves the right to adjust the hourly rate and fixed charges on a yearly basis.
6.4. Our payment conditions are invoice date plus 14 days. Later payment involves interest rates of 1 % for each month according to applicable law.
6.5. Cost estimates may be given upon request. Kanved Patent Consulting reserves the right to deviate from cost estimates in case of unforeseen matters.
6.6. Kanved Patent Consulting reserves the right to demand prepayment to cover our salary, fixed charges, official fees, and disbursements.
7. Professional liability
7.1. Kanved Patent Consulting is liable for work conducted in accordance with Danish law with the limitations listed below.
7.2. Kanved Patent Consulting is covered by a professional insurance for work conducted with respect to patents at Lloyd’s Insurance Company SA, by default with a liability limit of EUR 2’000’000. Kanved Patent Consulting cannot be held liable for losses as a consequence of force majeure, strikes or loss of data, revenue, goodwill, or other indirect losses.
7.3. Kanved Patent Consulting cannot be held liable for any mistakes, negligence or violation of confidentiality made by partners or subcontractors, which Kanved Patent Consulting has referred the client to use with or without the knowledge of the client or has used without the consent of the client, unless such mistakes, negligence or violation of confidentiality is a consequence of gross negligence from Kanved Patent Consulting.
8. Venue and Law
8.1. The terms of conditions are applicable according to Danish law. Venue is the Danish Maritime and Commercial High Court.
The above-mentioned provisions are applicable as from 1 January 2021
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