General Terms of Business (AGB’s)
- The company PATENTMANAGER.DE GmbH with CEO Mr. Stefan Kienitz (Dipl.-Ing.) is a limited liability company (GmbH), which is identified in short for as the “PATENTMANAGER Company” or “PATENTMANAGER.DE”. We explicitly state that all cooperation partners that occur under the name “PATENTMANAGER” or “PATENTMANAGER.DE” are considered legally independent business partners by Dipl.-Ing. Stefan Kienitz (Qualified Engineer). The cooperation partners are obligated to maintain confidentiality due to their professional regulations or additional confidentiality agreements. Legal consultation with third parties occurs exclusively through external cooperation partners, specifically approved attorneys-at-law and patent attorneys but in no case by sales partners or engineers. The latter strictly offer engineering services or data preparation on industrial property rights.
- Online Service, Basic Information: Upon conclusion of the Agreement, Patentmanager.de GmbH shall provide the Customer (hereinafter also Contractual Partner) a password-protected area on a third-party database for the service www.ip-rights.watch. The provider of the third-party database is a cooperation partner (third-party provider) of the company Patentmanager.de, that exclusively has a legal presence independent of the company Patentmanager.de. The service owed by Patentmanager.de consists in providing an input screen for product-related industrial property data to enhance the industrial property right data provided via the input screen in the event of patents and utility models with data from the patent offices on databases from third-party providers (for marks and design copyrights that are not listed with WIPO or in TMVIEW, only an editing enhancement occurs in the form of data formatting with a tabular view) and in activating this and to allow the accessibility of these data from databases provided from Patentmanager.de or a third-party provider via the Internet for the time period agreed upon with the Contractual Partner. The service by Patentmanager.de is considered performed if the data and data preparations are set into the databases at an average rate of 95% and can be accessed from the databases.
- Access data: The access data as well as the corresponding password will be communicated following conclusion of the agreement and may only be passed on as part of the Customer’s operational organization. The access data including the password are to be kept confidential. The access data are to be destroyed after terminating the contract.
- Product data: The input screen located in the password-protected area is to be filled out truly and comprehensively by the Customer and saved. A regular update in the event of a legal status change for events and design copyrights that are not listed in WIPO or in TMVIEW is to be input without any culpable delay by the Customer. If firmware or product changes should result in new industrial property rights and particularly if patents are added or omitted, this is to be added and saved in the client area without a culpable delay by the Customer. The change is automatically passed on to Patentmanager.de.
- Assessment and publication of the product data: The product data are assessed by Patentmanager.de and are entered into a search or monitoring screen of a cost-based search or monitoring tool. The product-related industrial property data (output) are published on the platform www.ip-rights.watch with the name of the manufacturer and the respective product name.
- Exclusion from Liability / Reimbursement: It is the responsibility of the Customer to input all product-related industrial property rights data truly and completely in the client section. The company Patentmanager.de is not obligated to check the data received for conclusiveness, correctness or up-to-date status.
- Patentmanager.de is not liable for the scope, the up-to-date nature and the completeness of the patent data, patent information and data structures created nor for the fault of the third-party provider involving the industrial property right data. Both the recommendation for product marking involving any safety rights as well as the preparation of legal status data do not constitute any legal consultation. A patent law assessment on the respective legal status as well as the legally valid labeling of products regarding possible damage claims in relation to third parties should be done in coordination with a patent attorney and the Customer and be managed by them.
- The company Patentmanager.de is exempt from the obligation to perform in cases of force majeure. All unforeseen events as well as those events that have effects on the performance of the Agreement are not the responsibility of any party. In particular, these events include legally-valid labor actions, also in third-party companies, official actions, the failure of communication networks and gateways of other operators, faults in the line provider area, other technical faults, also if these circumstances in the area of sub-contractors, sub-suppliers or other sub-companies or issues arise from the operators of sub-node computers authorized by the operator. Claims do not result for the Contractual Partners for failures are not the responsibility of the company Patentmanager.de.
- The service of Patentmanager.de can only be offered on the aforementioned terms as long as the legal status data on the patent and trademark offices remain freely available.
- Liability for slight negligence is precluded.
- A reimbursement of previously paid amounts to the Customer is not possible.
- Price Changes, Contractual Term, Termination Deadlines and Ancillary Provisions: Price changes are introduced by Patentmanager.de in a timely manner so that the Contractual Partner can end the contractual relationship with compliance of the contractually stipulated termination period with the termination time before the new prices go into effect. If this right is not exercised and the services of Patentmanager.de continue to be used following the validity date of the price change, the price change becomes binding for both parties. Billing is on the basis of the price change. With the proviso of a separate regulation, an Agreement goes into effect with access to the order confirmation, at the latest with the provision of the commissioned service by Patentmanager.de. A start date indicated is considered a guideline value. The minimum contractual term is one year and begins on the date of the provision of service. The service depends on the product marking that is actually completed or is in progress. The contractual relationship can be terminated in writing for both contractual parties within a period of three months at the earliest before the expiration of the minimal contractual term. If no termination occurs, the contractual term is extended for at least one year if the Agreement is not terminated in writing within three months before their expiration, at the latest. Invoices are payable within 14 days without discount.
- The place of performance and jurisdiction for the respective contractual obligations is Duisburg. The Agreement and the liability provisions are exclusively subject to the laws of the Federal Republic of Germany.
Duisburg, January, 2020
Dipl.-Ing. Stefan Kienitz (Qualified Engineer)
CEO of the company PATENTMANAGER.DE GmbH, Headquarter: Duisburg, Trade Register: AG Duisburg HRB 32540
Am Bollheister 30, 47249 Duisburg, Germany