Terms of business
HØIBERG aims to provide you with prompt and effective assistance in a complex and specialist area of law with due regard to the commercial aspects of your intellectual property rights. This means more than simply providing legal advice, but also listening and responding to our clients' needs and adapting procedures to the benefit of the individual client's need.
Every HØIBERG employee is bound to secrecy and all inquiries made to HØIBERG are strictly confidential. This confidentiality also includes any material received in terms of handling of cases.
The below terms of business define some important aspects of our relationship with you. By understanding and observing them you can help the relationship be successful. All professional work carried out by us will be in accordance with these terms.
- We rely on you to give us timely, complete and accurate information and instructions. Patent Offices often impose time limits for dealing with procedural steps of various kinds and failure to meet these deadlines may lead to rights being lost irrevocably. We do not accept any liability for loss of rights if you have not provided clear and complete instructions early enough for us to act within the time limit set. We shall advise you of any time limit set and of the actions or instructions which are required.
- Please notify us promptly of any changes in personnel or address or of any changes in ownership of rights; many such changes have to be officially registered.
- Although in urgent cases, we will, if necessary, commence work on the basis of oral instructions alone, we require written instructions (or written confirmation) in any case where an application is to be abandoned or allowed to lapse, or in any case where the action to be undertaken involves this firm incurring fees or costs on your behalf, for example, the filing of a new application or instructing overseas colleagues to deal with matters which will incur costs locally.
- We provide upon request estimates of future costs associated with our work. Estimates will be provided based on fee schedules and exchange rates at the time of the estimate. Our estimates are to be regarded as a guideline only and are not binding. Actual costs incurred on behalf of our clients may be affected by matters beyond our control, and, in particular, where costs are to be based on time charges, the amount of work involved cannot always be forecast accurately.
- We routinely work in teams of 2 consultants in order to optimize the handling of the case - depending on the degree of complexity. In general, all actions taken on your behalf and services provided to you are chargeable. These may include time spent on telephone calls, sending reminders about upcoming deadlines and reporting communications we may receive as your agent.
- We always require funds to cover outgoings such as Patent Office fees and expenses arising from work carried out by overseas law firms on our instruction. We may require payment on account as a pre-condition of work to be undertaken on your behalf. Accordingly, we routinely require payment on account of 75 % of the total, expected costs before commencing our services in relation to foreign filings. A handling fee of 10 % is added on disbursements. On-going work will be debited on a monthly basis.
- Invoices are to be settled within 14 days. If invoices are not settled within this period, we will send reminders and reserve the right to charge interest at a base rate on any amount which is overdue. In cases where an amount owing is long overdue, we further reserve the right to suspend ongoing work until the amount outstanding has been paid. In such circumstances, we shall not suspend work, however, without giving you notice of our intention to do so, in writing.
- Unless some other arrangement has been agreed in advance and confirmed to us in writing by the party concerned, the organisation or individual who instructs us on a particular matter will be regarded as responsible for settling invoices arising from that matter.
- Our files remain our property. If work is transferred from Høiberg to another firm, the files remain with us; access to them will be provided subject to a charge for the work involved. Alternatively, in some cases we may be prepared to transfer our files without charge if we are indemnified by you against any future claim or request for information from the files in question. Our files may be destroyed when no longer current and you should, therefore, let us know if you require the return of any materials sent to us.
- We often work together with outside experts. For example, national patent authorities in many countries require that applications in national patent offices are prosecuted by local attorneys. Accordingly, we have an extensive network of professional contacts with whom we work together. We instruct an outside expert on your behalf in good faith and we are not liable for any failure on their part.
No material change to these terms is valid unless agreed in writing by a partner of the firm. Should there be any questions, please do not hesitate to contact us.
- Potential disputes about HØIBERG’s counseling and these terms of business are subject to Danish law. Potential disputes can only be brought before Danish courts of law.
If you have any questions, please do not hesitate to contact us.
We are looking forward to cooperating with you.