Budde Schou – Standard Terms and Conditions

1. Scope of Application

1.1 These standard terms and conditions (“the Terms”) apply to all services provided by Budde Schou (“Budde Schou”, “we” or “us”) to clients (“the Client”), unless otherwise agreed in writing.

1.2 The Terms apply to all current and future assignments.

1.3 Where an assignment is carried out by or on behalf of a European patent attorney, this shall be done in accordance with the European Patent Convention (EPC) and the EPI Code of Professional Conduct.

2. Professional Standard and Regulatory Compliance

2.1 Budde Schou provides its services with the care, integrity and independence required of professional IP advisers.

2.2 European patent attorneys at Budde Schou act in accordance with:

• • EPC Article 134,
  • the EPI Code of Professional Conduct,
  • relevant national rules, and
  • applicable legislation.

3. Scope of the Assignment

3.1 The scope of the assignment is defined in the relevant engagement letter or other written agreement.

3.2 We are only responsible for the work expressly agreed upon.

3.3 We appoint the team we deem professionally and resource-wise appropriate.

3.4 Our case file archive is electronic. Incoming paper mail is scanned and originals are destroyed after quality assurance, unless originals must be returned.

3.5 We reserve the right to destroy case materials 5 years after final closure of the matter.

3.6 In the event of a change of adviser, copies of case materials will be provided against payment for time spent.

3.7 Unless otherwise agreed, our assignment does not include:

• • monitoring of renewal deadlines,
  • general monitoring of rights,
  • assessment of third-party rights without specific instruction, or
  • ongoing strategic advice after completion of the assignment.

4. Use of Artificial Intelligence and Technological Tools

4.1 Budde Schou may use technological tools, including systems based on artificial intelligence (“AI”), as an aid in performing assignments for the Client.

4.2 The use of AI is always carried out under the full professional responsibility of a qualified European patent attorney or other relevant adviser at Budde Schou, in accordance with:

• • the European Patent Convention (EPC), including Article 134,
  • the EPI Code of Professional Conduct, and
  • other applicable professional rules and ethical standards.

4.3 AI tools are used exclusively as support tools. The final professional assessment, legal analysis and approval are always carried out personally by the responsible adviser.

4.4 Budde Schou ensures that the use of AI does not compromise:

• • the adviser’s independence,
  • the duty of care and professional integrity,
  • the duty of confidentiality towards the Client,
  • professional liability.

4.5 In accordance with the EPI Code of Professional Conduct (including provisions on confidentiality and professional responsibility), we ensure that:

• • confidential information is handled with appropriate technical and organisational security measures,
  • third-party providers of AI tools are subject to appropriate contractual confidentiality and data protection obligations,
  • data is not used for unauthorised purposes.

4.6 Budde Schou maintains appropriate internal procedures and control measures to ensure quality assurance and documentation when using AI.

5. Client Obligations

5.1 The Client must provide complete and accurate information and instructions in due time.

5.2 The Client is responsible for meeting set response deadlines, including approval of drafts and instructions prior to official deadlines.

5.3 Budde Schou is not responsible for consequences resulting from missing or delayed instructions.

5.4 Instructions which may result in loss of rights (including instructions to abandon rights) must be provided in writing.

5.5 Communication by email is considered written communication.

5.6 Instructions received in email inboxes under the domain name buddeschou.dk during weekends, public holidays or after 4:00 PM on weekdays shall be deemed received by Budde Schou on the following business day, unless Budde Schou has confirmed receipt prior to that time.

5.7 Once we have informed the Client of a deadline, it is the Client’s responsibility to provide timely instructions so that the deadline can be met.

5.8 We cannot be held liable for loss of rights resulting from incorrect or delayed information from authorities, foreign agents or the Client, or due to force majeure-like IT incidents such as cyberattacks or system failures at third parties (e.g. EPO portals or cloud providers), provided we have observed customary IT security measures.

5.9 We are entitled to obtain identity information regarding clients and their beneficial owners in accordance with applicable rules, and clients must promptly inform us of changes in address, ownership, contact persons or other circumstances that may affect registrations or cooperation.

6. Foreign Associates and Subcontractors

6.1 Where necessary, we may engage foreign patent or trademark agents.

6.2 Such agents are considered independent advisers.

6.3 We may use subcontractors (including translators, renewal service providers, search providers, technical draftsmen, etc.).

6.4 Budde Schou is not liable for errors made by foreign agents or subcontractors unless gross negligence can be demonstrated in the selection or instruction.

7. Confidentiality

7.1 We are subject to strict confidentiality obligations pursuant to EPI rules and applicable law.

7.2 Confidential information is only disclosed:

• • with the Client’s consent,
  • when necessary for performance of the assignment, or
  • if required by law.

7.3 Pursuant to Section 170 of the Danish Administration of Justice Act, our European patent attorneys are exempt from the duty to testify within the limits of the law.

7.4 Pursuant to EPC Rule 153, communications with European Patent Attorneys are protected in EPO proceedings.

7.5 We cannot guarantee equivalent protection in all international jurisdictions.

8. Conflicts of Interest and Independence

8.1 We perform conflict checks in accordance with professional rules.

8.2 If an unresolvable conflict arises, we may withdraw from the assignment.

8.3 We maintain professional independence in all advisory relationships.

8.4 Any commercial relationships with suppliers do not affect our professional independence.

9. Fees and Payment

9.1 Fees are calculated on an hourly basis, fixed fee basis, or other agreed model. Budde Schou reserves the right to adjust hourly rates and fixed fees annually, typically as of 1 January, or with one month’s notice.

9.2 Official fees and third-party costs are invoiced separately. When settling official fees and third-party costs in foreign currency, Budde Schou is entitled to convert such amounts into Danish kroner with an additional charge to cover exchange rate risk and administrative costs.

9.3 We may require advance payment and reserve the right to offset unpaid invoices against any funds held.

9.4 In the event of non-payment, work may be suspended.

9.5 Cost estimates are not binding unless expressly agreed.

10. Liability and Limitation of Liability

10.1 Budde Schou is liable in accordance with the general rules of Danish law.

10.2 We cannot guarantee the outcome of decisions made by authorities or courts.

10.3 Our total liability per assignment is limited to the higher of:

• • the total fee invoiced for the relevant assignment, and
  • DKK 10,000,000.

10.4 Notwithstanding clause 10.3, our total liability per assignment shall always be limited to the amount paid under Budde Schou’s professional liability insurance, if such coverage is less than DKK 10,000,000.

10.4 The total liability for all claims raised within a calendar year may not exceed DKK 25,000,000.

10.5 We are not liable for indirect losses, including loss of operations, loss of profit, goodwill or consequential damages.

10.6 The limitation of liability does not apply in cases of intent or gross negligence.

10.7 Claims must be raised no later than 12 months after the Client became, or should have become, aware of the matter.

10.8 Clients waive the right to raise claims directly against Budde Schou’s partners, employees or consultants personally, and any claim may only be brought against Budde Schou as a company.

11. Professional Liability Insurance

We maintain professional liability insurance in accordance with applicable requirements.

12. Data Protection

Personal data is processed in accordance with the GDPR and our privacy policy.

13. Termination

Upon termination, work performed and costs incurred will be invoiced.

14. Governing Law and Jurisdiction

Danish law shall apply. Any disputes shall be settled by the Maritime and Commercial High Court of Denmark.