GENERAL TERMS AND CONDITIONS OF BUSINESS (Terms and Conditions)

§ 1 Scope

• These general terms and conditions apply to all client 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.
• Differing conditions from the client do not apply, unless they are expressly acknowledged in writing.
• Should a consumer be represented in individual cases, Part VI of these General Terms and Conditions applies additionally.

PART I – PROPRIETARY RIGHTS / INTELLECTUAL PROPERTY

§ 2 The subject of the activity in the area of ​​intellectual property rights

The law firm provides comprehensive advice and representation in the area of ​​national law, European and international intellectual property rights and other IP rights, especially regarding:

• Brands (Wort-, Bild-, Word/image mark
• in, 3D brands, Farbmarken, Union trademarks, IRBrands)
• License
• Utility model
• Designs (Design patents)
• Copyrights
• Ancillary copyrights
• Know-how- and trade secret protection
• Domain rights
• License Rights
• Protection positions under competition law
• IT- and software-related intellectual property rights
• Database rights
• AI-related intellectual property rights issues
• Semiconductor intellectual property rights
• Plant variety rights
• other technical and non-technical intellectual property rights worldwide

§ 3 Official representation and registration procedure

The law firm takes on representation before national and international offices and authorities upon special assignment, 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 applications
   • Management of the examination process
   • Responses to complaints
   • contradiction- and deletion procedures
   • Extension- and rewriting procedures
   • priority- and deadline management
3. The official representation is always subject to a fee. The compensation depends:
   • according to individual fee agreement or
   • according to time spent or
   • at least according to the RVG, where applicable.
4. Official fees, Publication fees, The client bears the renewal fees and fees of foreign correspondent lawyers separately.
5. In international proceedings, the involvement of foreign correspondent lawyers is permitted and necessary. Foreign correspondent lawyers are engaged in the name and for 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 intellectual property rights research and monitoring services, particular:
   • IP searches of all kinds (State of the art, FTO, Objection, contradiction etc)
   • Identity- and similarity research
   • Collision research
   • Brand monitoring
   • Design Monitors
   • Patent monitoring
   • Domainmonitoring
   • Competitive observations
   • market- and injury monitoring
2. Monitoring is carried out regularly as a permanent mandate in return for ongoing remuneration.
3. Research and monitoring can be carried out by external research companies.
4. There can be no guarantee for completeness, correctness or topicality are assumed.
5. Liability of the law firm or the research companies commissioned for database gaps, Registration delays or international publication delays are excluded.
6. Registering a property right involves risks such as::
   • Contradictions
   • Deletion Requests
   • Invalidity proceedings
   • Injury attacks
   • Warnings

These risks remain with the client.

PART II – GENERAL LEGAL ADVICE AND REPRESENTATION

§ 5 Scope of legal work

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

• entire intellectual property law
• Competition Law (UWG)
• IT law and data protection law
• Contract law nationally and internationally
• trade- and Corporate Law
• M&A
• Distribution Law
• Licensing law
• Media Law
• Business law general and international
• Civil Law
• General administrative law and special administrative law
• Criminal law in exceptional cases
• Litigation before state courts
• Arbitration
• Administrative procedures
• international law enforcement

The assignment is always mandate-specific.

§ 6 The client's obligation to cooperate

1. The client is obliged, all information required for the mandate is complete, to be made available truthfully and in a timely manner.
2. The law firm is entitled to ensure the accuracy, trust the completeness and legality of the information provided by the client.
3. There is no obligation to independently clarify the facts or investigate the matter.
4. The client must immediately check documents from the law firm for accuracy.
5. Economic assessments or strategic decisions are the sole responsibility of the client.
6. The deadline, which are missed due to late participation, are the responsibility of the client.

PART III – COMPENSATION

§ 7 Fees

1. Billing is generally based on time spent.
2. Unless there is a fee agreement, billing is carried out at least in accordance with the Lawyers' Remuneration Act (RVG).
3. Flat 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, The client also bears travel costs and costs of external service providers.

PART IV – LIABILITY

§ 8 Liability on the ground

1. The law firm has unlimited liability:
   • Intent
   • gross negligence
   • Violation of life, Body, Health
2. In the case of simple negligence, the law firm is only liable if essential contractual obligations are breached (Cardinal duties).
3. There is no liability for:
   • economic decisions of the client
   • entrepreneurial risks
   • Market developments
   • Denial of intellectual property rights
   • Actions of Third Parties
   • foreign legal developments
   • Non-registration or deletion of property rights
   • Objections/objections from third parties
   • international legal changes
   • bad business decisions
   • market- or technology risks
   • Actions of third parties or authorities
   • lost business opportunities

§ 9 Liability according to amount

1. Liability for damage caused by simple negligence per mandate is limited to the statutory minimum insured sum in accordance with § 51 BRAO limited.
2. If higher liability is desired, This requires a separate written agreement.
3. The limitation of liability also applies to your benefit:
   • employed lawyers
   • freelancer
   • Cooperation partner
   • Correspondent lawyers
   • external service provider
4. The amount of liability is limited to the typically foreseeable damage.
5. Multiple breaches of duty are considered a single case of liability.
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 damages, lost profit, Production downtimes or consequential damages are excluded, to the extent permitted by law.
8. In particular are excluded:
   • lost profit
   • Production losses
   • Damage to reputation
   • Consequential damage
   • Contractual penalties and those of third parties
   • Financing damage

PART V – FINAL PROVISIONS

§ 10 Communication

Electronic communication occurs at the client’s risk, unless encryption has been agreed.

§ 11 Place of jurisdiction and law

1. German law applies exclusively.
2. The place of jurisdiction is – to the extent permissible – Hanover.
3. The law firm is authorized, also to sue at other legal venues.

§ 12 Severability clause

Should a provision be invalid, the effectiveness of the remaining regulations remains unaffected. The invalid provision is replaced by a legally permissible provision, which comes closest to the economic purpose.

PART VI – SPECIAL PROVISIONS FOR CONSUMERS (EXCEPTIONALLY)

§ 13 applicability

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

§ 14 Liability to consumers

1. The limitation of liability does not apply, to the extent that mandatory consumer law conflicts with this.
2. In the case of simple negligence, the law firm is only liable if essential contractual obligations are breached.
3. Liability is foreseeable, Damage typical for the contract is limited.
4. Unlimited liability exists in the event of intent, gross negligence and injury to life, body or health.

§ 15 Right of withdrawal

If a distance selling contract is concluded with a consumer, a separate cancellation policy will be issued.

§ 16 Place of jurisdiction

The statutory places of jurisdiction apply to consumers.

§ 17 Applicable Law

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods, as far as permitted.

§ 18 Severability clause

Should a provision be invalid, the effectiveness of the remaining regulations remains unaffected.