Note: Our Terms of Business are made available on this
website purely for the convenient reference of clients and prospective
clients of the firm. The inclusion of our Terms of Business here
does not constitute an offer for supply of goods or services.
Clients and prospective clients must contact a member of the
firm directly to confirm whether or not it is possible for the
firm to act on their behalf on any particular matter.
Introduction - Intellectual Property Services
TERMS OF BUSINESS
1. Single Client
2. Change of Name or Address
3. Information and Confidentiality
4. Instructions in Writing
5. Instructions in Good Time
6. Financial Terms of Business
7. Financial Responsibility for Later Developments
8. Acceptance of Terms of Business
9. Applicable Law
Printable Versions (in editable Adobe .pdf format)
Terms of Business with
Client Record Sheet
Client Record Sheet only
Introduction - Intellectual Property
Services
Intellectual property includes
patents, designs, copyright, registered trade marks and registered
service marks. In addition, know-how and confidential information
are sometimes regarded as forms of intellectual property.
As Chartered Patent Attorneys,
Registered Trade Mark Attorneys and European Patent and Trade
Mark Attorneys, much of our work involves applying to official
organisations for patents and for registration of trade marks,
service marks and industrial designs and progressing those applications.
In addition:
- We pay renewal fees on behalf of our clients, where required
to maintain intellectual property rights;
- We advise clients on whether, in their particular circumstances,
intellectual property rights could validly be obtained and/or
enforced;
- We advise our clients on whether their activities are likely
to infringe someone else's intellectual property rights or on
whether any competitors' activities infringe any of our clients'
own intellectual property rights;
- We advise on the licensing and assignment of such rights;
and
- We conduct, or assist in conducting, litigation or opposition/revocation
proceedings in the Courts and Patent and Trade Mark Offices in
the UK and overseas.
Because no two intellectual property cases are alike, it is often
difficult to predict the kind of problems which may arise and,
therefore, the time we will need to spend on the work. For example,
when we represent a client who seeks to obtain a British or European
patent or trade/service mark, the amount of work we need to do
will depend ultimately on the attitude adopted by the Examiner
in the relevant Patent Office. It is not always possible to gauge
what objections will be raised by the Examiner and how easily we
may be able to overcome those objections. Occasionally, the Examiner
raises objections which we believe should never have been raised
in the first place. Consequently, it is not always possible to
foresee whether an application will succeed or what our charges
are likely to be.
When a new client approaches us with an intellectual property
enquiry, we are prepared to spend up to about half an hour, free
of charge, explaining the legal procedures involved in a particular
case. We can also indicate approximate costs to a client. If a
client decides to take matters further, and instructs us to carry
out a specific task on his behalf, then we will charge for any
work we do.
As intellectual property cases can remain active for several years,
we normally charge clients at appropriate intervals rather than
waiting until matters are concluded.
We are happy to undertake work for clients in any country of the
world. However, please note that we must reserve the discretion
not to extend credit to clients outside the jurisdiction of the
United Kingdom Courts (see Terms of Business Nos. 6 and 7 below).
Where credit cannot be extended, all our work would be on an advance-payment
basis only.
TERMS OF BUSINESS
1. Single Client
Before any work is undertaken by us (Page Hargrave), and before
we can accept responsibility for such work, it is necessary to
identify a single person, partnership or company as the client
of Page Hargrave. This single client is directly responsible
for providing any instructions or information required by us,
and for prompt payment of our fees for the work undertaken.
Notes on Term of Business No. 1
Sometimes we are approached by a party acting together with,
or on behalf of, another. For example, we may be asked by a lawyer
to carry out work on behalf of his or her client. It is important
for us to know from the beginning who is to be our sole client
for the purposes of the work concerned.
From past experience, we know that attempting to divide responsibilities
between two or more clients can lead to misunderstandings and
delays which could be disastrous when urgent action is needed.
By recognising only one client for each case, we are better able
to look after the client's interests. We expect to receive instructions
from this client alone, we report on progress of the work to
this client, we address our invoices to this client and we look
to this client for prompt settlement of our charges.
The client may be an individual, a partnership or a corporation
or company. If our client is a corporation or company, we normally
accept instructions in writing from any person who apparently
instructs us on behalf of that corporation or company, unless
we are asked to accept instructions from specific authorised
persons only.
If we are instructed by a member of a partnership, the individual
partners will be regarded as jointly and severally responsible
for settlement of our charges. If, however, we undertake work
for two or more people who have, say, a common business interest
but who are not bound by a formal partnership agreement, we require
that one person only is regarded as our client for the work concerned.
That person must accept full responsibility for payment of our
charges, regardless of any arrangement he or she may have for
sharing the costs with his or her colleagues.
Our financial terms of business (see Terms 6 and 7 below)
will always apply irrespective of any arrangements which our
client makes with another party (e.g. with a partner or an own
client), and irrespective of any difficulties of communication
which may arise between our client and that other party.
2. Change of Name or Address
Any developments arising from the work will be reported by
us to the client at the client's address as held in our records.
When reporting, we will seek from the client any instructions
which may be required to progress the work.
Notes on Term of Business No. 2
Clients should notify us promptly, in writing, of any change
of name or change of address. Our duty to communicate with a
client will have been carried out if we write to that client
at the latest address given to us.
3. Information and Confidentiality
All information disclosed to us will be received in confidence
and will be treated accordingly.
Notes on Term of Business No. 3
In order to advise our clients effectively, we need them to
provide us with certain information. For example, this may be
details of a newly devised invention, information about the proposed
use of a new trade mark, or details of the relationship between
a client and any other party involved, such as: client/consultant;
employer/employee; licensor/ licensee; or claimant/defendant.
As professional advisors, we are obliged to treat in confidence
any details given to us by our clients, unless we are released
from this obligation.
4. Instructions in Writing
We can accept no responsibility for any errors or omissions
which are attributable to the client's failure to provide us
with all relevant information or to give adequate instructions
in writing.
Notes on Term of Business No. 4
Instructions should always be given to us in writing. If we
are instructed orally, for example during a meeting or by telephone,
clients should confirm those instructions in writing as soon
as possible. We cannot accept responsibility for any misunderstandings
that may arise before we receive written instructions from our
clients.
We can receive written instructions via any appropriate medium
- e.g. traditional mail, facsimile transmission or email. However,
since delivery cannot normally be guaranteed, it remains the
client's responsibility to check that we have received the communication
if an acknowledgement or reply has not been received back from
us within a reasonable period.
5. Instructions in Good Time
When we have requested instructions from the client by a specified
date, and the instructions are received after that date, we cannot
accept responsibility for the consequence of any failure to carry
out the instructions in good time.
Notes on Term of Business No. 5
In intellectual property matters, rights can be lost irrevocably
through failure to lodge certain documents with the relevant
official bodies by specified crucial dates. Therefore, when we
ask clients to send us information or a signed document by a
specified date, clients should do everything possible to ensure
that we receive it by that date. We cannot accept responsibility
for failure to achieve a desired result if clients miss such
a deadline.
6. Financial Terms of Business
We will invoice clients for work carried out on instructions.
Any invoice sent by us to a client must be settled by or on behalf
of the client in full within thirty days of the date of the invoice
unless the client has, within that period, made some reasonable
query relating to the invoice.
We reserve the right to ask for advance payment where we deem
this appropriate. In that event, we will not act on any instructions
until the advance payment has been received and, in the case
of cheques or money orders, credited to our bank account.
Page Hargrave reserves the right to refuse to undertake any
further work, whatever the consequences, for a client who has
not settled in good time an invoice in respect of previous work
done by Page Hargrave.
Clients have the right at any time to request from us copies
of invoices previously rendered to them and a full explanation
of any costs which are not clear to the client. Such information
and papers will be provided free of charge and as soon as possible
after receipt of the request.
Notes on Term of Business No. 6
Our normal credit terms require payment of the total charge
indicated on an invoice within thirty days from the date of the
invoice. If an advance payment has been made but is insufficient
to settle our total charge, we require the outstanding balance
to be paid within thirty days from the date of our invoice.
Each payment made to us should identify the purpose of the payment.
For example, our invoice number can be quoted or, for an advance
payment, the item of work to which it relates can be specified.
Our normal thirty-day credit terms are available to all United
Kingdom clients who satisfy us as to their creditworthiness.
In the case of new clients, this will normally be achieved by
means of the usual references; a form is provided at the back
of these Terms of Business, to assist new clients in this regard.
Unless and until we are satisfied as to a client's creditworthiness,
we will require the estimated costs of any required work to be
covered by a sufficient advance payment.
Credit terms are also available to overseas clients on a case-by-case
basis at our discretion.
If one of our invoices has not been settled within the normal
credit period, and we have not received from the client any query
regarding that invoice, we reserve the right to cease working
for that client even if this could result in loss of the client's
intellectual property rights. In general, we endeavour to give
a client at least fourteen days' notice of our intention to take
such action, but we cannot guarantee to do so in all cases.
We are prepared to estimate the likely charges for a particular
piece of work but it is not usually possible for us to give a
firm quotation. In some cases, matters can arise completely unexpectedly,
and for overseas work, there are several factors, which are beyond
our control, such as unforeseeable increases in official fees,
changes in overseas attorneys' scales of charges or fluctuations
in currency exchange rates.
Any estimate which we give is valid for only thirty days. After
that, clients should request a fresh estimate if they require
an up-to-date indication of likely costs.
7. Financial Responsibility for Later
Developments
A client must settle any further charges incurred in the reporting
of developments on any matter that is being handled by Page Hargrave
for the client. However, such further charges will not be made
if we have received clear written instructions from the client,
in good time before the charges would be incurred, to the effect
that the matter is to be abandoned.
Notes on Term of Business No. 7
During the life of any particular matter that we are handling
for a client, there will be developments that must be reported
promptly to the client. For example, we may need to inform the
client of objections raised against a patent or trade/service
mark application by a Patent or Trade Mark Office Examiner.
This may occur months or even years after we last wrote to the
client but we shall assume, unless instructed otherwise, that
we are authorised to report in this way. There is usually a charge
which includes our fees for the work we carry out and any payments
we have to make.
Where objections are raised to a foreign patent or trade mark
application, for instance, we have to meet the overseas attorneys'
charges for reporting them to us. If those objections are not
in English, we may need to charge for them to be translated.
Once we have taken on a particular matter for a client, we reserve
the right to charge for work we do in reporting to the client,
in forwarding documents and in seeking instructions from the
client, unless we have received explicit instructions to take
no further action.
If a client instructs us to take no further action, there may
be some delay in these instructions reaching the overseas attorneys,
for example as a result of a hold-up in the delivery of mail.
Clients are responsible for charges for work done by the overseas
attorneys until the attorneys have received those instructions.
If a client loses interest in a matter which we are handling,
he should inform us immediately so that we can avoid charging
him for work done unnecessarily.
8. Acceptance of Terms of Business
Following receipt of these Terms of Business by a client, any
instructions given to Page Hargrave by the client will be taken
as implying acceptance of the Terms of Business.
9. Applicable Law
These Terms of Business shall apply to any contract between
Page Hargrave and a client and are made subject to the laws of
England & Wales and the jurisdiction of the High Court.
A PAGE HARGRAVE Client Record
Sheet should be completed, signed and returned to us to
ensure that Client details are correctly entered in our records
and so that credit can be made available if requested and approved.
Printable Versions (in editable Adobe .pdf format)
Terms of Business with Client
Record Sheet
Client Record Sheet only
