Mandate Conditions & Legal Notice

General Terms and Conditions (GTC)

§ 1 Scope

  • These general terms and conditions apply to all mandate relationships 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 expressly referred to again.
  • Deviating conditions of the client do not apply unless they are expressly recognized in writing.
  • If a consumer is represented in individual cases, Part VI of these General Terms and Conditions also applies.

Part I – Intellectual Property

§ 2 Subject of the activity in the area of intellectual property rights

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

  • Brands (word, image, word/picture mark
  • EN, 3D brands, color marks, Union brands, IR brands)
  • Patents
  • Utility model
  • Designs (tape patterns)
  • Copyrights
  • Ancillary copyrights
  • Know-how and trade secret protection
  • Domain rights
  • License rights
  • Competition Protection Positions
  • IT and software related rights
  • Database rights
  • AI-related intellectual property rights issues
  • Semiconductor Rights
  • Plant Variety Rights
  • Other technical and non-technical intellectual property rights worldwide

§ 3 Office and Registration Procedures

The law firm will take 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 (EPA)
    • Foreign patent and trademark offices
  2. The representation includes in particular:
    • Preparation and submission of registrations
    • Management of the examination procedure
    • Responses to Complaints
    • Objection and Deletion Procedures
    • Extension and Rewriting Procedures
    • Priority and Deadline Management
  3. The official representative is always subject to a fee. The remuneration is aimed at:
    • by individual fee agreement or
    • according to time or
    • at least according to the RVG, if applicable.
  4. The client shall bear the separate official fees, publication fees, renewal fees and foreign correspondent lawyers fees.
  5. In international proceedings, the involvement of foreign correspondents is permitted and required. The involvement of foreign correspondence lawyers takes place in the name and on the account of the client. They act on behalf of the client. The client bears their remuneration.

§ 4 IP research and IP monitoring

  1. The law firm offers the evaluation of proprietary rights research and monitoring services, in particular:
    • IP research of all kinds (stand-of-technology, FTO, objection, objection, etc.)
    • Identity and Similarity Research
    • Collision research
    • Brand Monitoring
    • Design Monitoring
    • Patent Monitoring
    • Domain Monitoring
    • Competition observations
    • Market and Injury Monitoring
  2. Monitoring is regularly carried out as a permanent mandate against current remuneration.
  3. Research and monitoring can be done by external research companies.
  4. No liability can be assumed for completeness, correctness or topicality.
  5. Liability of the law firm or the commissioned research companies for database gaps, register delays or international publication delays is excluded.
  6. In particular, a property rights application includes risks such as:
    • Contradictions
    • Deletion Requests
    • Nullity proceedings
    • Injury attacks
    • Cease-and-desist letters

These risks remain with the client.

Part II – General legal advice and representation

§ 5 Scope of legal activity

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

  • Entire intellectual property law law
  • Competition Law (UWG)
  • IT law and data protection law
  • Contract law national and international
  • Commercial and corporate law
  • M&A
  • Sales law
  • License right
  • Media law
  • Business law in general and international
  • General civil law
  • General administrative law and special administrative law
  • Criminal law in exceptional cases
  • Litigation before state courts
  • Arbitration
  • Administrative procedure
  • International Enforcement

The assignment is always specific to the mandate.

§ 6 Participation obligations of the client

  1. The client is obliged to provide all the information required for the mandate in full, truthfully and on time.
  2. The law firm may rely on the correctness, completeness and legality of the information provided by the client.
  3. There is no obligation to clarify the facts or investigate independently.
  4. Documents of the law firm are to be checked immediately by the client for correctness.
  5. Economic valuations or strategic decisions are exclusively the client’s responsibility.
  6. Deadlines that are missed due to late participation are the client’s area of responsibility.

Part III – Compensation

§ 7 Fee

  1. Billing is always based on time.
  2. Unless there is a fee agreement, the billing takes place at least in accordance with the Lawyers’ Remuneration Act (RVG).
  3. Flat-rate fees, retainer agreements and project remuneration are possible.
  4. All prices are net plus statutory sales tax.
  5. External costs, expenses, official fees, court costs, travel expenses and costs of external service providers are also borne by the client.

Part IV – Liability

§ 8 liability on the basis of

  1. The law firm is unlimitedly liable for:
    • Intent
    • gross negligence
    • Violation of life, body, health
  2. In the case of simple negligence, the law firm is only liable in the event of a breach of essential contractual obligations (cardinal obligations).
  3. There is no liability for:
    • economic decisions of the client
    • Entrepreneurial Risks
    • Market developments
    • Property rights refusals
    • Actions of third parties
    • Foreign legal developments
    • Non-registration or deletion of property rights
    • Conflicts/Interactions of Third Parties
    • International legal changes
    • entrepreneurial wrong decisions
    • Market or Technology Risks
    • Actions of third parties or authorities
    • Lost business opportunities

§ 9 Liability according to the amount

  1. The liability for damage caused by simple negligence is limited to the statutory minimum insurance sum in accordance with § 51 BRAO.
  2. If higher liability is desired, this requires a separate written agreement.
  3. The limitation of liability also applies in favor of:
    • Employed Attorneys
    • free employee
    • Cooperation partner
    • Correspondence Attorneys
    • external service provider
  4. Liability is limited to the typically foreseeable damage.
  5. Several breach of duty are considered a uniform liability case.
  6. To the extent permitted by law, liability for slightly negligent breaches of duty is excluded, provided no cardinal obligation is affected.
  7. Liability for indirect damage, lost profit, loss of production or consequential damage is excluded, to the extent permitted by law.
  8. Are excluded in particular:
    • lost profit
    • Production failures
    • Reputation damage
    • Consequential damage
    • Contractual penalties and such third parties
    • Financing damage

Part V – Final Provisions

§ 10 Communication

Electronic communication takes place at the risk of the client, unless encryption has been agreed.

Section 11 Jurisdiction and Law

  1. German law applies exclusively.
  2. Place of jurisdiction is – as far as permissible – Hanover.
  3. The law firm is also entitled to sue at other legal places of jurisdiction.

§ 12 Severability clause

If a provision is invalid, the effectiveness of the other regulations remains unaffected. Instead of the invalid provision, a legally permissible regulation comes closest to the economic purpose.

Part VI – Special regulations for consumers (exceptionally)

§ 13 Applicability

  1. If a consumer is exceptionally represented, the above regulations apply accordingly, to the extent permitted by law.
  2. Mandatory consumer protection regulations remain unaffected.

§ 14 Liability towards consumers

  1. The limitation of liability does not apply if mandatory consumer law is opposed.
  2. In the case of simple negligence, the law firm is only liable in the event of a breach of essential contractual obligations.
  3. Liability is limited to the foreseeable, contract-typical damage.
  4. Unlimited liability exists in the case of intent, gross negligence and injury to life, body or health.

§ 15 Right of Withdrawal

If a distance contract with a consumer comes into being, a separate cancellation policy will be issued.

§ 16 Jurisdiction

The legal jurisdiction is applicable to consumers.

§ 17 Applicable Law

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

§ 18 Severability Clause

If a provision is invalid, the effectiveness of the other regulations remains unaffected.

Scroll to Top