The Terms and Conditions set forth here shall apply to the Customers who purchased and/or subscribed to PCT Data Products and Services. For the Terms and Conditions for use of the PATENTSCOPE search system, please refer to “The terms and Conditions for the use of the PATENTSCOPE search system” .
In these Terms and Conditions:
- “PCT” means the Patent Cooperation Treaty administered by WIPO.
- “PCT Data Products and Services” shall mean any PCT product (as DVDs, hard disk etc.) and services (provision of data over the internet, on ftp servers, etc.) containing data relating to international published patent applications filed under the PCT.
- “The Customer” shall mean any party who purchased or subscribed to PCT Data products and services.
2. Grant of Rights
2.1 PCT Data products and Services. WIPO allows the Customer to access and make use of the information contained in PCT Data Products and Services under the conditions described herein and within the framework of the authorized uses outlined in section 3. Unless otherwise provided for in these Terms and Conditions, the Customer shall have a worldwide and non-exclusive right to make the following uses of data contained in PCT Data products and Services, provided they do not constitute a reselling or free distribution of complete PCT Data:
- acquiring, downloading and storing the information in a searchable database;
- copying, reformatting, distributing, publishing, transmitting, making derivative works and displaying the information through an electronic network and electronic extracts;
- authorizing users to access and use the information, including downloading, creating printouts, reproducing, reformatting, analyzing, printing and displaying such printouts and electronic extracts;
- in connection with any of the above, copying and distributing such printouts or extracts of information.
2.2 The transfer of complete PCT Data to third parties, including subsidiaries, associated or affiliated companies, and members of the same group of companies, is allowed only if the customer ceases to use the data and data carriers, transfers all data and carriers and deletes or destroys any copy he has made and if the third party has undertaken in writing vis-à-vis WIPO to observe these terms and conditions.
2.3 Any use other than the above-mentioned uses shall be subject to the prior consent of WIPO.
3. Authorized uses
PCT Data Products and Services, including the webservice (provision of PCT data over the Internet) are paying services allowing the Customer to access published international applications under PCT. The webservice is not intended for bulk downloads and therefore the following should be respected:
- 10 retrieval related actions per minute from an individual IP address of a subscriber; and
- Unreasonable/excessive use may result in access being denied temporarily or permanently for a given user ID or IP address.
4. Level of service
4.1 Provision - The services are provided by WIPO on a “best efforts” 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 Downloading data from the ftp server - The oldest data available on the ftp server is cleaned up in January every year. In case a subscriber has missed the download of one or several weeks in the past, a fee will be charged for restoring the missing weekly data: CHF 50 per week for the weeks published when the subscriber had a valid subscription, CHF 150 for other available weeks.
5. Legal Value and accuracy of Data contained in PCT Data Products and Services
With the exception of the image-based PDF of published international applications, all data contained in PCT Data do not have legal value. In particular, no legal value exists in data of PCT full text obtained by applying automatic Optical Character Recognition procedures to the scanned images of the documents.
6. Applicability/Inapplicability of these Terms and Conditions
The Customer automatically accepts these Terms and Conditions by the sole fact of using any PCT Data Products and Services.
7. Intellectual Property Rights
Subject to these terms and conditions, WIPO and/or Intellectual Property Offices contributing their data to the PATENTSCOPE search system own and reserve all the intellectual property rights on the PATENTSCOPE search system and its data under the applicable laws and international treaties.
WIPO shall not be held liable for any or all uses of the data contained in these products, or any part thereof, that may affect or violate any patent, trade mark, copyright, trade secret, other intellectual property right or any legal right of any third party.
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 PCT Data Products and Services. Any of such modifications shall take effect 90 days following posting of a notice on WIPO’s web site for PCT Data Products and Services and, following e-mail notification to the Customer for PCT Data Products and Services. Moreover, WIPO reserves the right to modify, where applicable, the fee charged for the data upon e-mail notification at least 30 days in advance of said modification. In addition, WIPO makes every effort to ensure, but cannot guarantee, the accuracy and integrity of the data contained on these products and services.
10. Liability and Force Majeure
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 PCT Data Products and Services. 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.
11 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.
12 The Customer Name (where applicable)
Any change in the Customer organizational trade name or in Customer’s business address shall be notified to WIPO as soon as possible following the change. WIPO will then modify the Customer records to reflect the new trade name and/or business address.
13. Invoicing/Payment (where applicable)
The cost of the subscription and the ways of payments to subscribe to PCT Data Products and Services are detailed in the Subscription Form that the Customer has to complete before being able, upon receipt of payment by WIPO, to use data contained in PCT Data Products and Services. The Customer will be invoiced the fee set forth in the applicable WIPO’s catalogue of products or electronic bookshop with payment due 30 days upon receipt of invoice. WIPO reserves the right to suspend the service to a delinquent account without prior notice. Should the Customer be delinquent in the payment of any invoice, the Customer shall be liable for all costs of collection incurred by WIPO, including without limitation, collection agency fees, any administrative related expenses and reasonable attorney’s fees, as well as court costs.
14. Acknowledgment of Source and Disclaimers
The Customer shall identify WIPO as the authentic source of any of the data contained in PCT Data Products and Services. 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.”
15. Use of Logo/Trademark
The Customer does not have the right to use the WIPO logo or acronym nor the PATENTSCOPE trademark (international registration number: 879539) unless it is specifically authorized by WIPO in writing after having sent a request to firstname.lastname@example.org.
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.
17. Termination of the Agreement (where applicable)
This Agreement may be terminated by either WIPO or the Customer upon e-mail notification. Such termination will be deemed effective 60 days after the receipt of such notification by the party so notified.
18. Final Agreement (where applicable)
This Agreement, including these Terms and Conditions (and any revisions) and Subscription Form (where applicable) to PCT Data Products and Services, constitutes the entire understanding between WIPO and the Customer regarding the use of PCT Data Products and Services.
19. 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.
20. 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 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 English.