GTC

GENERAL TERMS AND CONDITIONS (GTC)

§ 1 Scope of Application

These General Terms and Conditions apply to all mandates between the law firm and entrepreneurs within the meaning of § 14 German Civil Code (BGB). Consumers within the meaning of § 13 BGB are generally not represented.
These conditions apply to all current and future mandates, even if no express reference is made to them again.
Deviating terms of the client shall not apply unless expressly acknowledged in writing.
If, in an individual case, a consumer is represented, Part VI of these GTC shall apply additionally.

PART I – INDUSTRIAL PROPERTY / INTELLECTUAL PROPERTY

§ 2 Scope of Activity in the Field of Intellectual Property

The law firm provides comprehensive advice and representation in the field of national, European and international industrial property rights and other IP rights, in particular with regard to:

Trademarks (word marks, figurative marks, combined word/figurative marks, 3D marks, color marks, EU trademarks, IR trademarks)
Patents
Utility models
Designs
Copyrights
Related rights
Know-how and trade secret protection
Domain rights
License rights
Competition-related protective positions
IT and software-related IP rights
Database rights
AI-related IP issues
Semiconductor protection rights
Plant variety rights
Other technical and non-technical intellectual property rights worldwide

§ 3 Representation before Authorities and Filing Procedures

Upon separate instruction, the law firm assumes representation before national and international offices and authorities, in particular:

German Patent and Trade Mark Office (DPMA)
European Union Intellectual Property Office (EUIPO)
World Intellectual Property Organization (WIPO)
European Patent Office (EPO)
Foreign patent and trademark offices

Representation includes in particular:

Drafting and filing applications
Conducting examination proceedings
Responding to office actions
Opposition and cancellation proceedings
Renewal and recordal proceedings
Priority and deadline management

Representation before authorities is always subject to fees. Remuneration is based:

on an individual fee agreement, or
on time spent, or
under the applicable statutory provisions if no valid fee agreement exists; section 7 applies.

Official fees, publication fees, renewal fees and fees of foreign associate counsel shall be borne separately by the client.
Foreign associate counsel may be necessary in international proceedings. The need, scope, costs and identity of the party instructing them are agreed with the client within the mandate. An international matter does not automatically require foreign counsel. The firm’s own duties in selecting, instructing and coordinating external counsel remain unaffected.

§ 4 IP Searches and IP Monitoring

The law firm offers evaluation of IP searches and monitoring services, in particular:

IP searches of all kinds (prior art, FTO, opposition, etc.)
Identity and similarity searches
Clearance searches
Trademark monitoring
Design monitoring
Patent monitoring
Domain monitoring
Competition monitoring
Market and infringement monitoring

Monitoring services are generally provided as ongoing mandates against continuous remuneration.
Searches and monitoring may be carried out by external search providers.
The scope, sources and relevant date of searches and monitoring are determined by the mandate. Database coverage and publication delays can limit the results; absolute completeness and a specific outcome are not guaranteed. The firm’s duty to perform the agreed work with professional care and its liability for attributable breaches remain unaffected.
Statutory duties and liability remain unaffected by the use of external providers.
IP applications involve risks such as:

Oppositions
Cancellation actions
Invalidity proceedings
Infringement attacks
Cease-and-desist letters

These risks remain with the client.

PART II – GENERAL LEGAL ADVICE AND REPRESENTATION

§ 5 Scope of Legal Services

The law firm provides advice and representation nationally and internationally, in particular in the following areas:

Entire field of industrial property law
Unfair competition law (UWG)
IT law and data protection law
National and international contract law
Commercial and corporate law
M&A
Distribution law
Licensing law
Media law
General and international business law
General civil law
General and special administrative law
Criminal law (in exceptional cases)
Litigation before state courts
Arbitration proceedings
Administrative proceedings
International enforcement

Engagement is always mandate-specific.

§ 6 Client’s Duties of Cooperation

The client must provide the information and documents needed for the mandate completely, truthfully and in time, and promptly communicate changes and relevant deadlines. The firm may generally rely on factual information supplied by the client unless there is reason to question it. Professional duties to clarify, advise and manage deadlines within the agreed mandate remain unaffected. The consequences of delayed or incorrect cooperation are governed by law, including contributory fault. Commercial decisions remain the client’s responsibility; the firm’s agreed advisory duties remain unaffected.

PART III – REMUNERATION

§ 7 Fees

Fees are governed by a valid fee agreement or, in its absence, the applicable statutory provisions. Time-based, flat and retainer fees require agreement. Statutory restrictions and exceptions apply, including section 4 RVG for out-of-court matters and section 34 RVG for advice, opinions and mediation. The RVG is not invariably a minimum fee for every service.

Before engagement, the applicable basis of calculation, VAT and anticipated additional costs are explained. Consumer price quotations include applicable VAT. Expenses, official fees, court costs and third-party services are chargeable only on the applicable contractual or statutory basis; third-party instructions and significant additional costs are coordinated within the scope of the mandate.

PART IV – LIABILITY

§ 8 Basis of Liability

The firm is liable for attributable breaches of its professional and contractual duties in accordance with the statutory provisions, subject to a validly agreed limitation under section 9. No particular economic result, grant or continued existence of an intellectual property right, or outcome of proceedings is guaranteed unless expressly agreed. These outcome-related risks do not exclude liability for culpable errors in advice, selection, organisation or deadline management.

§ 9 Limitation of Liability

[EDITORIAL DRAFT — insurance verification required before use: insert the applicable amount and align this clause with the policy. A standard-form limitation for simple negligence under section 52(1), sentence 1, no. 2 BRAO requires four times the applicable statutory minimum sum and corresponding insurance cover. The applicable minimum for this professional practice entity must be established under section 59o BRAO. No insured amount is asserted by this draft.]

No contractual monetary cap is established by the uncompleted draft above. Until a valid limitation is agreed, statutory liability applies. Intentional conduct, gross negligence and injury to life, body or health are not limited by this clause. Separate individual agreements must comply with the applicable statutory requirements.

PART V – FINAL PROVISIONS

§ 10 Communication

The parties agree communication channels appropriate to the sensitivity of the information. The firm’s professional confidentiality and data security duties remain unaffected. A client’s agreement to a particular communication channel does not constitute a blanket exclusion of liability.

§ 11 Jurisdiction and Applicable Law

German law shall apply exclusively.
Place of jurisdiction – where permissible – is Hanover.
The law firm is entitled to bring actions at other statutory places of jurisdiction.

§ 12 Severability Clause

If a standard term is not incorporated or is invalid, the statutory consequences apply, in particular section 306 BGB. The remainder of the contract generally remains effective; statutory provisions govern the resulting gap, subject to the statutory exceptions.

PART VI – SPECIAL PROVISIONS FOR CONSUMERS (EXCEPTIONAL CASES)

§ 13 Applicability

If a consumer is exceptionally represented, the above provisions shall apply accordingly to the extent legally permissible.
Mandatory consumer protection provisions remain unaffected.

§ 14 Liability Towards Consumers

The liability provisions of sections 8 and 9 apply only to the extent validly agreed and permitted by mandatory law. This consumer section does not introduce any additional limitation or exclusion. Mandatory consumer rights remain unaffected.