Our Terms and Conditions of Business

Services

Brockwood Services LLP offers to advise you on matters relating to Intellectual Property (Patents, Marks, Designs, Copyright etc.) management and corporate governance by applying our qualifications, experience and expertise with due skill, care and diligence.

We will endeavour to provide advice and practise conscientiously, objectively, avoiding unnecessary expense to the client, putting the clients’ interests foremost and keeping the clients’ affairs confidential.

Prior to accepting work from new clients, we will undertake an assessment of any potential conflict of interest and raise concerns should there be a conflict of interest which may preclude us accepting such work. We accept no liability for a poor assessment as a consequence of insufficient information being provided from the new client.

We will endeavour to provide you with likely time scales and cost estimates in advance of the work undertaken, if requested. It should be noted that it is often impossible to give precise estimates and circumstances beyond our control may cause additional costs.

If the cost estimate is likely to be substantial, then we may request advance payment with the balance being payable on issuance of the invoice following completion.

Generally our cost estimates are exclusive of VAT. All invoices will be subject to VAT at the prevailing rate. Where costs are incurred in a currency other than sterling, we will apply our business exchange rate which includes a bias to meet likely bank charges.

Some Intellectual Property matters involve unanticipated procedures whereby costs may arise without notice. Accordingly, if you wish us to cease work on any particular matter, then please let us have your written instructions as soon as you decide that we should cease work.

If you wish to terminate our services, then we require such termination to be in writing. We will endeavour to ensure a seamless transfer to your new attorney which will be facilitated by you meeting all of our outstanding invoices including those incurred for copying our files for your new attorney.

In any case, we will endeavour to retain our files relating to your IP matters for a period of 6 years from the application being abandoned or granted, or if granted, the last 6 years of renewals.

Terms and Conditions

The following terms apply to the contract of services being provided by Brockwood Services LLP to the client. The giving of instructions to Brockwood Services LLP will constitute acceptance of these terms and no other shall apply, unless agreed in writing between the parties. In all matters, Brockwood Services LLP will be a contractor and not a servant, employee, agent or partner of the client.

These Terms and Conditions are subject to English Law and any dispute is to be settled under English Law.

If there are two or more parties involved in any particular matter, then the party giving instructions will be considered to be the client and therefore responsible for payment of our invoice, unless agreed in writing between all of the parties.

All instructions must be in writing and any oral instructions not confirmed in writing cannot be taken to be binding. It is the clients responsibility to ensure that instructions are received and in a timely manner for meeting any deadlines. We will

endeavour to advise you of any due dates arising. Although we will endeavour to remind you of the due dates, it is the client’s responsibility to ensure that the deadlines are met.

We will endeavour to be available to receive your instructions between 9am and 5pm, Monday to Friday excluding national holidays. However, if any matter is urgent prior to an impending due date, then it is incumbent upon the client to ensure that the instructions are received, either by way of acknowledgement of any email or letter or facsimile sent or by speaking directly to a member of staff.

In consideration of the provision of our services, charges will be levied by way of an invoice. All charges to be levied are at the discretion of the attorney undertaking the work.

Invoices must be paid within 30 days from the date of the invoice. If the invoice has not been paid, then Brockwood Services LLP may charge interest at a rate of 2% above the National Westminster base rate applicable during the period for which the invoice remains unpaid.

The responsibility for meeting an invoice rests with the client and payment must not be dependent upon payment from third parties to the client.

If any invoice has not been settled within 30 days from the date thereof, then Brockwood Services LLP may terminate the contract of services with the client. On termination, Brockwood Services LLP will be under no obligation to preserve the client's Intellectual Property Rights in relation to any matter. Any such termination will be without prejudice to any express or implied rights whether Statutory or otherwise which Brockwood Services LLP may have arising from the contract with the client. This also includes an invoice being issued prior to services being provided and in the absence of payment, Brockwood Services LLP may terminate the contract such that no services are provided and Intellectual Property Rights are lost.

Where information is being provided by the client, Brockwood Services LLP accept no liability for any loss suffered as a result of such information being inaccurate or incomplete. Any documents or materials relating to any matter instructed by the client in Brockwood Services LLP's possession or custody, will be subject to a primary lien to Brockwood Services LLP.

These Terms and Conditions relate to the services being provided by Brockwood Services LLP. Accordingly, the attorneys personally nor any foreign attorneys are liable for any work being undertaken in the name of Brockwood Services LLP.

Should you have a complaint relating to the services being provided by Brockwood Services LLP, then in the first instance, you must seek to advise us of your concerns and we will endeavour to investigate. The complaint will be reviewed and investigated by a different attorney from that involved in the matter causing concern. Should you not be satisfied with the response to your complaint, then you should raise the matter with the Intellectual Property Regulation Board at www.ipreg.org.uk or the Office of Legal Complaint at www.officeforlegalcomplaints.org.uk.

Typical IP procedures

During the initial discussions with the client, we will endeavour to provide advice free of charge for a reasonable length of time, normally ½ hour. Thereafter, additional technical time is generally charged to the client.

When seeking IP protection, aside from copyright, an application for submission to the relevant government IP office needs to be prepared. Preparation of an application can be very time consuming for patent matters and hence involve considerable attorney time and expense. Attorney time, and hence costs, can be minimised by providing as much information as possible both as a written description and illustrations.

On submitting the application, filing fees are incurred. The filing fees comprise government fees, our service charge for creating the new file and any time incurred by the Attorney. If the application is a foreign application, European applications not being foreign as we are also European Attorneys, then the filing fees will also incur fees from the foreign attorney.

The IP office will then examine the application for formal matters and to consider whether to grant a monopoly. If objections are raised, then typically costs are incurred when attending to those objections. Normally, there is our service fee for attending to the objection and any time incurred by the Attorney. To minimise costs, it is preferable to have all documents and as much information as possible given to the Attorney to try and avoid subsequent objections being raised.

It is possible that the objections are insurmountable and in which case, the application will be refused. No refund of official fees nor any other costs are payable.

If the application is accepted, then sometimes grant costs or registration costs are incurred. A British patent, design or trade mark and a European trade mark incurs no, or minimal, costs. A European patent requires considerable grant costs and a European design also incurs registration costs. It is impossible to generalise on IP grant costs in other jurisdictions since they vary widely. We will endeavour to advise you in advance of such grant or registration costs arising.

In many IP procedures, there is also the possibility of the proposal to grant the monopoly being advertised to enable competitors to oppose the grant. Oppositions against both patent and trade mark applications can incur exceptional costs and will extend the time taken to completion of the application.

If no opposition is filed and often less than 1% of applications are opposed, or if the opposition is overcome, the monopoly is granted. That monopoly needs to be maintained through periodic payment of renewal fees; for patents, the renewal fees are usually payable annually; for designs, the renewal fees are payable every five years; and for trade marks every ten years.

The aforegoing is merely an outline of typical IP procedures. The laws relating to IP are constantly changing. Accordingly, please refer exclusively to the specific advice given to you on your relevant IP matter instead of the above which is merely illustrative.

IP rights confer rights to the owner. Hence, the government offices need to be advised of any change of ownership including any change of address, change of name or lien given under the IP right. Costs are incurred when advising of such changes. Accordingly, we would recommend that in order to minimise costs, careful consideration is given to ensure that the economic structure used to hold the rights is appropriate in the first instance. We can, as part of our services, provide assistance to ensure that the ownership is suitably structured.

Dated 2015

Brockwood Services LLP