Madrid Monitor Database: Terms and Conditions (May 2017)
In these Terms and Conditions;
"Madrid Monitor" refers to the WIPO database and its search service made available on the WIPO web site which contains data of WIPO registered trademarks.
"The Customer" refers to any third party using the information contained in the Madrid Monitor Database, and shall be subject to these Terms and Conditions.
"The Madrid system" refers to the international registration of marks established in 1891 which functions under the Madrid Agreement (1891), and the Madrid Protocol (1989).
2.1 Madrid Monitor Database - WIPO allows the Customer to access and make use of the information available in the Madrid Monitor Database Search Service under the conditions described herein and fair use policy outlined in section 3. Unless otherwise provided for in these Terms and Conditions, the Customer shall have a worldwide, limited, revocable, non-transferable and non-exclusive right to make the following uses of data contained in the Madrid Monitor Database:
a. making queries in the online services provided by WIPO;
b. viewing, downloading and storing individual documents from the services provided by WIPO.
The Customer does not have the right to make the following uses of data contained in the Madrid Monitor Database:
a. performing bulk acquisition, bulk downloading and bulk storing of documents from the services provided by WIPO;
b. performing bulk copying, bulk reformatting or bulk redistributing of documents from the services provided by WIPO.
c. use the information and data made available for contacting registered owners for any commercial purpose unrelated to the official registration of their marks or for any other illegal or misleading activity.
2.2 National/Regional Trademark Collections - WIPO allows the Customer to access and make use of the information contained in National/Regional Patent Collections under the conditions as described above with the proviso that redistribution of the information available is not permitted in any form.
2.3 Any use other than the above-mentioned uses shall be subject to the prior consent of WIPO.
3. Fair Use Policy
3.1 The Madrid Monitor Database Search Service - is a free-of-charge public service to achieve WIPO's strategic goal to enhance public goods. In view of the public interest, the service is not designed for bulk downloads and therefore Customers shall not undertake the following unfair use:
a. more than 10 search related actions per minute from an IP address; and
3.2 WIPO reserves the right to intervene and restrict or prevent access by customers in case of unfair use of the service.
3.3 Under no circumstances may the data made available through this database be made accessible or sublicensed in any way to another carrier, host or publisher.
4. Level of support and other relevant services
4.1 The services are provided by WIPO on a "best effort" basis, 24 hours per day, 7 days per week. The services may be unavailable from time to time for scheduled maintenance or due to unforeseen circumstances.
4.2 WIPO also provides services of International Trademark Registration Database of the Madrid System. Under this service, the entire collection of all international marks recorded under the Madrid system and information on downloading updates are available here on payment of a fee.
5. Applicability of these Terms and Conditions
The Customer automatically accepts these Terms and Conditions by the sole fact of using the Madrid Monitor Database.
WIPO reserves the right to discontinue, to issue, and to modify, at any time, the number, content, format, structure, and description of any or all of the data, contained in the Madrid Monitor Database. Any such modifications shall take effect 90 days following posting of a notice on WIPO's web site. In addition, WIPO makes every effort to ensure, but cannot guarantee, the accuracy and integrity of the data contained in these services.
7. Liability and Force Majeure
WIPO shall not be held liable for any or all uses of the data contained in the Madrid Monitor Database and its service that may affect or violate any patent, trademark, copyright, trade secret, other intellectual property right or any legal right of any third party.
WIPO shall not be liable for any indirect, incidental, consequential, liquidated, special, punitive or exemplary damages or penalties to the Customer, including, but not limited to, losses of business, revenue or profits, as a consequence of using any of the data contained in the Madrid Monitor Database. WIPO shall not be liable or deemed to be in default for any delays or failure in performance or interruption of service resulting directly or indirectly from any cause or circumstance beyond its reasonable control.
The Customer agrees to release, defend, indemnify, and hold WIPO harmless from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with the use of the Madrid Monitor database by the Customer or the Customer's violation of these Terms and Conditions.
9. User Identification and Passwords (where applicable)
These Terms and Conditions are applicable to all User Identification and passwords issued to the Customer, and accordingly, the Customer agrees to assume sole responsibility for compliance with these Terms and Conditions, of all uses associated with each and every User Identification and password issued under these Terms and Conditions, and for maintaining the security respecting the User Identification and passwords issued.
10. Acknowledgment of Source and Disclaimers
The Customer shall identify WIPO as the authentic source of any of the data contained in the Madrid Monitor Database. Any identification of WIPO as the source of data shall include the following (first) disclaimer: "The World Intellectual Property Organization (WIPO) bears no responsibility for the integrity or accuracy of the data contained herein, in particular due, but not limited, to any deletion, manipulation, or reformatting of data that may have occurred beyond its control".
11. Use of Logo
The Customer does not have the right to use the WIPO logo.
12. Intellectual Property
The Customer recognizes that a particular form of compiling data, the presentation and design of the Madrid Monitor Database are protected by applicable IP laws.
WIPO reserves the right to modify these Terms and Conditions at any time. Any revised Terms and Conditions will be posted on WIPO's web site. Modifications shall take effect immediately following posting of the new Terms and Conditions. Customers are therefore required to check periodically and read the most recent version of these Terms and Conditions. Customers are responsible for being aware of the latest version of these Terms and Conditions.
14. Privileges and immunities
Nothing in or relating to the Agreement and to these Terms and Conditions shall be deemed a waiver of any of the privileges and immunities of WIPO in conformity with the Convention on the Privileges and Immunities of the Specialized Agencies approved by the General Assembly of the United Nations on November 21, 1947 and with the provisions of the Agreement between the Swiss Federal Council and WIPO to determine the Organization's juridical status in Switzerland of December 9, 1970, and of the Implementation Arrangement of the same date related thereto.
15. Settlement of Disputes
Any dispute, controversy or claim arising out of or relating to the Agreement, or the breach, termination or invalidity thereof, that cannot be resolved by negotiation shall be submitted to conciliation in accordance with the UNCITRAL Conciliation Rules. The place of conciliation shall be Geneva. The language to be used in the conciliation shall be French or English. If, and to the extent that any such dispute, controversy or claim has not been settled pursuant to the conciliation within sixty (60) days of the commencement of the conciliation it shall, upon the filing of a Request for Arbitration by either party, be referred to and finally determined by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force. There shall be a sole arbitrator. The place of arbitration shall be Geneva. The language to be used in the arbitral proceedings shall be French or English.