The following are the terms which apply to the business relationship between you the Client, and Appleyard Lees IP LLP trading as Appleyard Lees (the firm). If you would like us to clarify anything, please ask. Otherwise, we assume that you are happy with these terms.
Appleyard Lees IP LLP is a limited liability partnership registered in England and Wales with registered number OC402854, VAT number GB 184 6684 20 and its registered office address is at 15 Clare Rd, Halifax HX1 2HY.
We use the word “partner” to refer to a member of the limited liability partnership or an employee or consultant of the limited liability partnership with equivalent status and qualifications. No reference in this document to a partner is to imply that any person is carrying on business with others in partnership for the purposes of the Partnership Act 1890.
As your professional advisors we have a duty to put your interests foremost and to respect the confidentiality of your information.
Your work will be done by, or under the supervision of, a fully qualified Chartered or European Patent Attorney (CPA or EPA) or Chartered or European Trade Mark Attorney (CTMA or ETMA) or a solicitor, as appropriate. Supporting work such as formalities, renewals and file maintenance, including the monitoring of deadlines, may be carried out by our experienced administrative staff. Our partners and staff act on behalf of Appleyard Lees IP LLP. Your legal relationship is with Appleyard Lees IP LLP, not with any individual who carries out work for you on the firm’s behalf.
Our firm has direct rights of representation at the UK Intellectual Property Office, the EU Intellectual Property Office and at the World Intellectual Property Office, the office which processes international applications. Otherwise, outside the UK we have to engage law firms in other jurisdictions to act on your behalf. These law firms will act on our instructions on the understanding that we will be liable to pay their fees and disbursements, which they incur on your behalf. In turn, you will be liable to pay the fees and disbursements which these law firms invoice to us. This is the extent of the relationship we have with these law firms.
We are also only able to advise you on English law and on EU laws as they apply in England. In relation to the law outside the UK, we can advise you on the basis of advice we receive from foreign attorneys.
We charge by the hour for the time we spend on technical and legal aspects of your work. For some formal matters, such as requesting an extension of time, we make fixed charges instead. Some work will include both hourly and fixed charges. Before we start work we will, on request, give you an indication of the likely foreseeable costs. This will include our charges and “disbursements” i.e. the costs we have to pay out on your behalf.
When we incur expenses on your behalf that are in foreign currencies (i.e. not in Sterling) or bill you in a foreign currency, we will include a margin from the spot rate at the time we bill you to cover conversion costs and currency fluctuations.
It is often difficult to predict exactly how much time a job may take. Our cost indication is therefore only approximate and is not a binding quote. However, we will always try to keep within our indication and in particular we will do our best to warn you in advance if it is likely to be exceeded, so that you have the opportunity to ask us to stop work.
If you are unhappy or unclear about our charges, or have a budget you need to keep within, please discuss this with us before we start work, to avoid misunderstandings later.
We will usually invoice you after we have completed a piece of work for you. However, you may be asked for a deposit towards the cost of either initial projects or sizeable pieces of work. It is our policy to always ask for payment in advance if substantial disbursements (such as official patent office fees or translation costs) are involved.
In such instances, we will normally issue a pro forma invoice and proceed when payment is received. We do not pay interest on funds held on account. If we have to work on a file for more than a month or so we may send you an “interim” invoice to keep things up to date, allowing you more easily to keep track of your costs. Our invoices are due for payment within 30 days of issue. We may charge interest on late payments, and in exceptional cases we may suspend work on your files. If you do not pay our bills on time, we may instruct our solicitors to collect payment. At this stage, we would apply the provisions of the Late Payment of Commercial Debts (Interest) Act 1998 which would increase the amount of your liability/total amount due.
Please also note that, unless you agree some other arrangement with us, we will regard the person (or company) that instructs us as responsible for paying us.
We can only work to your specific instructions. If we need your instructions by a certain deadline (for instance, a deadline set by a patent office), we will tell you about that and do our best to remind you as the deadline approaches. However, ultimately it is your responsibility, once we have requested your input, to ensure that we receive it in good time.
The quality of our advice depends very much on the information you give us – for instance about your technical work, your competitors and your business strategies generally.
It is also important to tell us, promptly, of any change in your contact details, or in the ownership of your rights and assets. It is usually advisable to record such changes at the relevant patent offices. In some cases, it is crucial to do so. We need always to be able to contact you.
Whilst we are acting for you, and unless you say otherwise, we will keep our files relating to your work. We will hand these files over to you if you wish, although we may delay the file transfer if you owe us money. We reserve the right to charge you a reasonable fee for retrieving and sending your files or any documents. We may keep a copy of any part of the file contents. The confidentiality of all information you pass to us will be respected, even if you cease to be our client. We destroy closed files after an appropriate period. An explanation of how we deal with your files is available in our File Retention Policy – please ask for a copy if you want further details.
We hope that you will be happy with the work we do for you and with the way you are treated. If you are not, please let us know as soon as you are dissatisfied and we will do all we can to put matters right. In the first instance, we would prefer you to talk to the person handling your work. But if you are not happy to do that, or that has not resolved the issue, please ask for a copy of our Complaints Procedure.
We are regulated by a number of bodies:
The Legal Ombudsman – complaints about UK Patent or Trade Mark Attorneys:
The Intellectual Property Regulation Board (IPREG) – for conduct complaints about UK Patent or Trade Mark Attorneys:
European Patent Institute (EPI) – for complaints concerning European Patent Attorneys:
Any claim in connection with work done by us will be the responsibility of the firm. No attorney or member accepts personal responsibility to you for any advice given to you or for any work that we carry out for you. By asking Appleyard Lees IP LLP to work for you, you agree that you will not bring any claim in respect of loss and/or damaged suffered by you arising out of in connection with that work against any individual member, partner or other attorney, employee or consultant of the firm and each such person shall have the right to enforce this clause. This restriction will not operate to limit the liability of Appleyard Lees IP LLP for acts and/or omission of any individual member, partner, other lawyer, employee or consultant of Appleyard Lees IP LLP.
If we need to instruct other professionals (such as solicitors, barristers, overseas attorneys, searchers or draftsmen) in connection with the work we do for you, we will do so as your agent. We cannot accept liability for the actions of such professionals although we will always try to instruct people we believe to be trustworthy and to provide a high quality of service.
The liability of Appleyard Lees IP LLP for any loss or damage suffered by you arising out of or in any way connected with our work, however the loss or damage is caused, including our negligence, is limited to £5 million unless in respect of death or personal injury caused by our negligence.
Our primary professional indemnity insurer is Pamia Limited of 90 Fenchurch Street, London EC3M 4ST, which provides us with worldwide cover.
Appleyard Lees IP LLP is the data controller in respect of personal data (as defined by the Data Protection Act 2018) which you submit to us. Your personal data will be used by Appleyard Lees IP LLP for the purpose of communicating with you and/or providing our services. For further details of how your data will be treated, please contact us.
© Appleyard Lees IP LLP 2018
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