Legal Notice

A. Terms of use of this Website
B. General terms and conditions of sale


A. TERMS OF USE OF THIS WEBSITE


The JACOBACCI CORALIS HARLE office, Patent and Trademark Attorneys, is happy to welcome you to its Website, accessible at the following address (URL): www.jacobacci-coralis-harle.com (hereinafter referred to as “Website”), or via any other URL, hyperlink, tab or button embedded in a different website and redirecting to the Website.

Please carefully read the following terms and conditions prior to using the Website. The use of the Website implies acceptance of these terms and conditions of use. Accordingly, by accessing this Website, every Internet user (hereinafter referred to as “the User”) undertakes to comply with and to abide by the rules set out below.

1. Use of the content of the Website

1.1. The information provided on this Website is not meant to replace the specialized legal advice. It is only intended to provide some basic information with regard to intellectual property.
1.2. We take the greatest care in creating and updating this Website and make every effort to ensure the accuracy and timeliness of the information provided on the Website. However, we cannot guarantee the timeliness, exactness and completeness of this information. We reserve the right to add, modify or remove any information at any time without prior notice. We cannot be held liable for any damage resulting from any direct or indirect use of this Website.
1.3. This Website also comprises links to other websites. We cannot be held responsible for the current or future content of these websites, or for the content of the external sites which have a link to this Website. Please note that we have not verified all of the websites that may be linked to our own, or any of their content and the information they contain, and we therefore disclaim all responsibility for the content of these websites and for the use made thereof by the User. The User agrees that the use by him (her) of these websites is done under his (her) sole responsibility.

2. Intellectual property rights associated with the Website

2.1. This Website is an intellectual work protected by the intellectual property law. The Website and each of its constituent elements (such as, in particular, trademarks, logos, photographs, images, illustrations, texts, videos, etc.) are owned exclusively by us, with the exclusion of the official documents (legal texts, official intellectual property titles of third parties, etc.). We are solely entitled to use the intellectual property rights and personality rights related to the contents of this Website and we do not grant any licence, or any right other than that of viewing the Website.
2.2. The reproduction of any documents published on the Website is only authorized for the exclusive purpose of information for strictly personal and private use. Any reproduction and/or representation, in whole or in part, of the Website or any of the elements contained within it, on any medium whatsoever, for any other purpose, and particularly for commercial use, is expressly prohibited.
2.3. Furthermore, all the intellectual property titles quoted on the Website are registered and, for the most part, in force and are, therefore, protected. The use of any of the inventions, trademarks, designs, etc. covered by any one of these titles in any way without express prior agreement in writing from the owner thereof, may, therefore, constitute an act of infringement.

3. Personal and operational data

3.1. We may need to collect personal and operational data about the User. Such data will be processed automatically and can be intended for dealing with a request or to contact the User.
3.2. The personal data includes information concerning the User, the organisation on whose behalf the User calls upon our services or any other person associated with this organization as part of the service provided by us. This would cover the following data: surname, forename(s), capacity, address, telephone and fax numbers, identification or social security number, email address, bank account details or any information that you communicate to us.
3.3. The operational data includes information useful to the provision of service that the User entrusts us with.
3.4. In accordance with the provisions of the law relating to information technology, computer files and freedom, the User is hereby informed that he (she) has a right to access, oppose, rectify and remove his (her) personal data. In order to exercise these rights, the User simply has to make a request to this effect by letter sent to the following address: JACOBACCI CORALIS HARLE – 32 rue de l'Arcade, 75008 Paris.
3.5. We undertake to protect the confidentiality of the personal and operational data provided by the User within the framework of the use of the Website. In particular, we undertake to refrain from disclosing said data for the purposes of commercial solicitation.
3.6. However, we may be led to transfer the data concerning the User to our partners solely for the purposes of performing the tasks that will have been entrusted to us by the User.

4. Access to the Website

We make every effort to ensure that the Website is constantly accessible, although we are not under any legal obligation to do so. Please note that the access to the Website may be interrupted without prior notice for maintenance, updating and for any other reason, technical in particular. We shall under no circumstances be liable for such interruptions and for the consequences which may result therefrom for the User, who is urged to be vigilant and is invited to inform us of any abnormal functioning or viewed as such.

5. Use of cookies

 

5.1. The Website may place a cookie on the User’s computer to be able to identify him (her). Cookies are small files that are inserted in the User’s computer and that record information concerning the User’s browsing on the Website (such as the pages browsed, the date and time of browsing) and which can be read during subsequent User visits on the Website. Except as otherwise expressly provided at the time of insertion of the cookies, these will not contain any data allowing for the identification of the User and will be designed to be used only by us.
5.2. The User can object to the recording of cookies by configuring the browser to that effect. However, it is preferable to set the parameters of the browser so that it accepts the cookies, so as to benefit from all the functionalities of the Website.

 

6. Amendment to the terms of use

 

We reserve the right to amend at any moment these terms of use, notably to comply with any new regulations or laws.

7. Applicable law – Jurisdiction

7.1. These terms of use are governed by the French law. Any dispute relating to or arising out of the interpretation or the performance of these terms and conditions, shall be submitted to the exclusive jurisdiction of the Commercial Court of Paris, notwithstanding plurality of respondents and introduction of third parties.

7.2. Any use of the Website inconsistent with its original spirit and any violation of these stipulations may result in the application of criminal and civil penalties provided for by law.

Publisher: JACOBACCI CORALIS HARLE – 32 rue de l'Arcade 75008 PARIS



B. GENERAL TERMS AND CONDITIONS OF SALE as at 1st January 2010

1. GENERAL

1.1. Any service agreement or contract entered into with the JACOBACCI CORALIS HARLE firm (hereinafter referred to as “the Firm”), Law Firm specializing in Industrial Property, is performed in accordance with these terms and conditions and entails on the part of the Principal total adherence to the said terms and conditions.
1.2. These terms and conditions specify the statutory operational rules applicable to the Industrial Property attorneys as defined in the Intellectual Property Code, and the Rules of Procedure of the National Company of Industrial Property Attorneys.
1.3. Any exceptions to or deviations from these Rules, even partial, requires a prior written approval.
1.4. The Principal’s terms and conditions of purchase, if any, shall be deemed to be unwritten.

2. EXECUTING ORDERS

2.1. The Firm undertakes to make its best effort to execute the orders by making the best use of the knowledge and abilities of its Industrial Property Attorneys. The latter must be able to rely on a full and fair collaboration on the part of the Principal, mainly with regard to the provision by the Principal of detailed information on the case at hand, the intentions of the Principal, prior developments with respect to the case and any and all publications and facts which could be known and which could be related to the same or similar subject.
2.2. Unless otherwise expressly instructed, the Industrial Property Attorneys of the Firm are under no obligation to conduct prior art searches.

3. TIME LIMITS FOR EXECUTING ORDERS

3.1. Unless another time limit has been agreed upon, the Firm is only obliged to execute orders within the most reasonable time frame and according to its abilities.
3.2. The time limits are given as an indication and the fact of exceeding such time limits shall not be regarded as a justified reason for premature termination or for the disagreement as to price.
3.3. However, where a particular time limit is involved, the Principal must provide all instructions early enough so that the work can be carried out with all due care. The Principal shall also be required to monitor the official deadlines communicated.
3.4. In the absence of clear and specific instructions, the Firm shall under no circumstances be obliged to take exceptional action to extend a term.
3.5. When orders or instructions are received either too close to the date of expiry of a term or too late, the Firm shall be relieved of all responsibility for not having dealt with the case in due time and according to official requirements.

4. DOCUMENTS DELIVERED

4.1. The Principal shall be required to verify the substantive and technical accuracy of the documents that are submitted or delivered to the Principle (description, drawings, drafts, etc.). Unless otherwise advised by the Principle in due time, the Principal’s agreement shall be deemed to have been given in respect of these documents.
4.2. The copyright of the Industrial Property Attorneys of the Firm on the documents submitted or delivered is reserved.
4.3. Unless otherwise instructed, the documents may be sent by ordinary mail.

5. OFFICIAL NOTIFICATIONS

The Firm shall forward to the Principal the official notifications at the earliest. It shall then be the responsibility of the Principal to provide the Firm with the necessary and detailed instructions so as to respond to these notifications.

6. SCOPE OF THE MANDATE

6.1. Unless otherwise expressly instructed, the mandate relating to the filing of an application for an industrial property right also covers the formal review procedure, and ends with the final grant of the right applied for (or with the withdrawal or rejection thereof).
6.2. When the Principal gives instructions to abandon a right, the Firm shall no longer be required to forward to the Principal the official communications it might still receive.
6.3. In the event of termination of the mandate entrusted to the Firm, the latter shall neither be obliged to forward to the Principal the official communications it might still receive, nor to study them nor, a fortiori, to respond to them.

7. ESTIMATE – RETAINER

7.1. For any defined provision of service, the Firm provides free of charge, upon request, an estimate of the foreseeable costs. The amounts reported are only estimates and may be subject to significant variations due to changes in official fees or expenses resulting from any action of our foreign colleagues, as well as changes in exchange rates, or due to legal or proceedings uncertainty leading to longer and more costly than those usually raised procedural burdens (eg, third-party oppositions, appeals, filing of continuation or divisional applications, etc..). The estimates relating to "filing" operations of patent or trademark or model assumes, without any indication, that the filing operations are made all case documents ready, that is to say without late filing of documents and non included consulting services for the preparation or correction of the file in-depth. These latter services are, when desired, estimated specifically, apart from the filing operations. To avoid delay in filing of documents, the filing instructions must reach the Firm at least one month before the expiry of the official deadline (typically the priority or national phase entry deadline) to have the necessary time to prepare completely and calmly the filing documents. If not, additional attorney and/or afficial fees may be required (if the filing can still be done within the official deadline).
7.2. The Firm may demand a retainer payable in respect of all or part of the foreseeable cost of provision of a service. Under this assumption, the commencement of the performance of the service shall occur only after the collection of the retainer demanded, and this regardless of the consequences for the Principal, notably non-compliance with the deadlines.
7.3. The renewal fee payment orders must be given in a clear manner and in writing. If an advance payment is demanded, these orders shall be executed only after full payment has been received. If the payment in full is not received in due course, the Firm shall be entitled to conclude therefrom that the Principal renounces the protection concerned.

8. TERMS OF PAYMENT

8.1. The provision of services shall be settled in cash upon receipt of the corresponding invoice (or of the debit note).
8.2. The penalty rate applicable shall be equal to one and half times the legal interest rate in force at the time of issuance of the invoice. The penalties shall be counted per month of delay, the penalty with respect to a full month being due for the entire month. The penalty shall be calculated on the total amount exclusive of VAT of the sum due until the date on which the payment of the total sum inclusive of VAT occurred, and this regardless of the advance payments made. The penalty defined above shall be subject to VAT.

9. LIABILITY

9.1. In the performance of its task, the Firm shall be bound only by a best-endeavours obligation.
9.2. The Firm shall accept no liability for the use by the Principal of the result of the service provided by the Firm.
9.3. Legal Opinions and Advice
The Legal Opinions and Advice shall be compiled with the greatest possible care and in accordance with the rules currently in use in the field. It should be noted, however, that only the Courts of Justice are in a position to give opinions and to make final decisions.
9.4. Prior Art Searches
It is hereby specified that in so far as the prior art searches are concerned, the Firm does not offer any guarantee neither concerning the completeness of the search, nor with regard to the conclusions drawn therefrom by the Principal. This is a decisive clause.
9.5. Title Management
The title management by the Firm shall be carried out in accordance with the written directions of the Principal, received within reasonable time frame for executing the corresponding task. It is acknowledged that the Principal shall take the necessary steps to comply with the deadlines established by the Firm; the latter shall not be obliged to remind the Principal of such deadlines.
9.6. Relations with the correspondents and other sub-contractors
Within the scope of its professional activity, the Firm may be led to work with and to put its Principals in touch with the Firm’s corresponding foreign counterparts. The Firm agrees to work with the firms designated by its Principals. Whatever the circumstances, the Principals shall be in contact with the said correspondents whom they entrust with a direct mandate. The Firm cannot be held responsible for the activities of these correspondents and sub-contractors.

10. CHANGE OF ADDRESS

The Principal shall be required to notify the Firm of any change of address and to provide it with the means to reach the Principle within reasonable time limits. The Firm cannot be held responsible for the consequences of non-receipt of letters or of exceptional delays in sending them.

11. LAW APPLICABLE AND DISPUTES

Only French law shall be applicable.
In the event of failure to reach an amicable settlement or an agreement to settle by arbitration of the Chairperson in Office of the Association of the Industrial Property Attorneys, with powers to act as amiable compositeur, any unsettled dispute shall be submitted to the exclusive jurisdiction of the Court of Justice of the place where the Firm has its registered office.