PATENTSCOPE Terms and Conditions
Terms and Conditions for the Use of WIPO Patent Information Products and Services (May 5, 2011)
- Grant of Rights
- Authorized uses
- Level of service
- Legal Value
- Applicability/Inapplicability of these Terms and Conditions
- Intellectual Property Rights
- Liability and Force Majeure
- User Identification and Passwords (where applicable)
- The Customer Name (where applicable)
- Invoicing/Payment (where applicable)
- Acknowledgment of Source and Disclaimers
- Use of Logo/Trademark
- Termination of the Agreement (where applicable)
- Final Agreement (where applicable)
- Privileges and immunities
- Settlement of Disputes
“PCT Data Products and Services” shall mean any WIPO product and service relating to published international patent applications filed under the Patent Cooperation Treaty (PCT), whether provided free of charge or for a fee;
5.1 PCT Applications and National/Regional Patent Collections – The description and claims in text format that are available on PATENTSCOPE Search Service are obtained by applying automatic Optical Character Recognition procedures (OCR) to the scanned images of the documents. They therefore contain discrepancies with the originals and do not have any legal value. The texts are used to feed the PATENTSCOPE Search Service and the Search National Patent Collections text indexation engine and are freely provided as an additional service to the general public by WIPO, notably in HTML renditions displayed in the "Description" and "Claims" tabs of each dossier.
7. Applicability/Inapplicability of these Terms and Conditions - The Customer automatically accepts these Terms and Conditions by the sole fact of using any WIPO Patent Information Products and Services. These Terms and Conditions do not apply to the information such as status information and national language translations accessible through PATENTSCOPE Search Service via hyperlinks, to online databases of national industrial property offices.
9. Liability - 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.
10. Reservation - 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 on WIPO Patent Information Products and Services. Any of such modifications shall take effect 90 days following posting of a notice on WIPO’s web site for WIPO Patent Information Products and Services provided free of charge and, following e-mail notification to the Customer for WIPO Patent Information Products and Services provided for a fee. 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 the 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.
11. 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 on WIPO Patent Information 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.
12 . 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.
13 . The Customer Name (where applicable) - Any change inthe 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.
14. Invoicing/Payment (where applicable) - The cost of the subscription and the ways of payments to subscribe to PCT Data Products and Services provided for a fee 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 on PCT Data Products and Services provided for a fee. 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.
15 . 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.”
16. 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 .
17. Modifications - 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.
18. Termination of the Agreement (where applicable) - The 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.
19. Final Agreement (where applicable) - The Agreement, including these Terms and Conditions (and any revisions) and Subscription Form (where applicable) to WIPO Patent Information Products and Services provided for a fee, constitutes the entire understanding between WIPO and the Customer regarding the use of WIPO Patent Information Products and Services .
20. 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.
21. 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.