These General Terms of Business are, unless otherwise are specifically agreed, applicable to all commissions Protector IP AS (hereafter called Protector) undertakes for a Client. If the person instruction us is a professional representative acting on behalf of their own client, the professional representative shall be deemed to be our Client.
Protector shall safeguard the interests of the Client and carry out the work professionally and in accordance with good professional practice.
Protector shall treat all not publicly available information received from the Client confidentially.
Protector shall endeavor to maintain free of representing conflicting interests.
Protector shall inform the client of possible conflict of interest as soon as possible after receiving a new order.
Protector requires close collaboration with the Client, who shall provide detailed information relating to the case.
Protector will carry out background checks regarding former rights, known techniques or known design only when this has been specifically agreed.
The Client is responsible for the authority over the subject of the engagement (the invention, the design, the trademark etc.) – including background material such as drawings and other documentation – that is entrusted to Protector.
The Client will give Protector all necessary Power of Attorneys.
Protector will endeavor to complete the work without delay.
Protector abides by the FICPI Code of Conduct.
The Client shall be responsible for the settlement of our account. Protector’s Client is the party instructing Protector.
If the fee is not agreed in advance, Protector’s fee will amount to Protector’s standard fee for work of similar nature, according to the current rates.
Protector has the right to demand advance payment.
Standard payment due date is the date of the invoice plus 14 days. Any departure from this term is to be agreed with Protector.
Should the Client not pay after a reasonable number of reminders, Protector reserves the right to suspend further proceedings in all work for the Client, provided that reasonable notice of such suspension has been given.
Responsibility for case related information
The content of documents that are compiled by Protector and handed over to the Client shall be reviewed by the Client.
Protector is entitled to assume that the Client fully accepts the entire content of said documents if the Client does not, within reasonable time, express otherwise in writing.
Protector will keep the Client informed of the proceedings.
The Client is obligated to update Protector with information and documentation necessary for Protector to process the case.
Protector will forward all case related documents if requested by the client.
Protector shall inform the Client of relevant deadlines, and both Protector and the Client shall meet official deadlines they have been informed of.
It is required that the Client heeds and notes notifications of deadlines in terms of maintenance or renewal of intellectual protection when notified by Protector. Protector will, as far as possible, remind the Client of approaching deadlines in absence of instructions.
The Client shall make available all relevant and necessary information well in advance of the deadline for the work to be carried out with due accuracy.
If the Client’s instructions are not received in writing well in advance of the deadline, Protector shall where possible apply for an extension of the deadline unless the circumstances indicate otherwise. The Client shall pay reasonable fee and reimburse expenses.
If the instructions and required payment has not been received in time, Protector will assume that the Client wishes to refrain from protection, if not instructed otherwise in General Instructions from the Client.
When a new order or new instructions reach Protector too late, Protector will be exempt of all liability for not having processed the case.
Third party involvement
Protector has the right, if not specifically instructed otherwise, to instruct others, such as technical illustrators and translators, to undertake the case or parts of the case bound by the same confidentiality as Protector. Whoever is instructed, shall be selected with due care.
Unless the Client instructs otherwise, Protector may contact their preferred foreign patent, design, or trademark attorneys on behalf of the Client in cases where it is deemed necessary or considered appropriate.
Protector holds no liabilities for work carried out by a third party outside Norway, such as a foreign patent, design, or trademark attorney. However, Protector will aim to choose third parties having a liability assurance.
Responsibility for claims
If the Client wishes to claim that services performed by Protector have been executed incorrectly or have caused the Client damage, the Client shall notify Protector without undue delay and no later than 30 days after becoming aware of the error (the complaint).
Protector has a liability insurance to cover any direct or indirect loss or damage, with an insurance amount of 10,000,000 NOK (ten million Norwegian krone). If the Client requires a higher insurance protection, the Client is responsible for the costs this involves.
Protector’s responsibilities are limited to the work Protector itself has conducted.
The Client has the right to terminate the engagement of Protector or terminate the prosecution of a particular case at any time. The Client shall inform Protector in writing.
Protector has the right to terminate the engagement provided that the Client does not fulfil their obligations according to items 1, 2, 3 and/or 4, above. If so, the Client shall be given 3 months written notice.
After the engagement has been terminated, and the Client has been given ample time to take over the responsibility themselves or to appoint a new representative, Protector is not obliged to forward, study or respond to correspondence that Protector might still receive in relation to the case.
Duty of Disclosure
All notices from Protector to the Client will be sent to the most recent address provided by the Client.
It is the Client’s duty to keep Protector informed of their current address at all times.
If Protector cannot reach the Client due to a change of address that has not been provided, Protector is no longer obligated to take any action in the matter. Protector is moreover not responsible for the consequences of this.
Any disputes arising from this engagement shall be resolved through negotiations between the parties. Should the negotiations not succeed, the parties accept that such disputes shall be settled according to Norwegian law and will be subject to the jurisdiction of the Oslo District Court.