Terms and Conditions

I. Scope

1. These terms and conditions apply to all current and future contracts between SKM- IP Schmid Krauß Kuttenkeuler Malescha Schieler Patentanwälte PartGmbB (SKM- IP) and its clients, which have legal advice and/or representation as their object (“mandate” or “mandates“), unless otherwise expressly agreed in writing or required by law.
2. Mandates are generally granted to SKM-IP, not to individual partners and/or persons working for SKM-IP.
3. Unless expressly agreed otherwise in writing, third parties are not directly or indirectly included in the mandate and/or authorized (no contract in favor of third parties/contract with protective effect in favor of third parties).

II. Scope and execution of the mandate

1. The fees, expenses, and fees (remuneration) are determined according to the remuneration agreements as individually concluded or according to the applicable fee schedules of SKM-IP, alternatively according to the relevant statutory fee provisions of the law on the remuneration of attorneys at law (RVG), which also applies mutatis mutandis to the remuneration of patent attorneys in contentious proceedings.
2. SKM-IP is entitled, when the mandate is concluded, to invoice an appropriate advance for the remuneration expected to arise and to make the commencement and/or continuation of the activity dependent on its immediate payment.
3. The remuneration is due immediately upon receipt of an invoice by the client; after 30 days, default interest shall be added. A set-off of the client against claims of SKM- IP is only permissible if the claim of the client is undisputed or legally established.
4. SKM-IP is entitled to receive money and monetary value for the client and, unless earmarked, to satisfy the remuneration claims. 5. If necessary, the client will immediately inform SKM-IP of the VAT identification number and agrees that it will be disclosed to tax authorities in Germany.

III. Remuneration, advance payments and settlement dates

1. The fees, expenses, and fees (remuneration) are determined according to the remuneration agreements as individually concluded or according to the applicable fee schedules of SKM-IP, alternatively according to the relevant statutory fee provisions of the law on the remuneration of attorneys at law (RVG), which also applies mutatis mutandis to the remuneration of patent attorneys in contentious proceedings.
2. SKM-IP is entitled, when the mandate is concluded, to invoice an appropriate advance for the remuneration expected to arise and to make the commencement and/or continuation of the activity dependent on its immediate payment.
3. The remuneration is due immediately upon receipt of an invoice by the client; after 30 days, default interest shall be added. A set-off of the client against claims of SKM- IP is only permissible if the claim of the client is undisputed or legally established.
4. SKM-IP is entitled to receive money and monetary value for the client and, unless earmarked, to satisfy the remuneration claims.
5. If necessary, the client will immediately inform SKM-IP of the VAT identification number and agrees that it will be disclosed to tax authorities in Germany.

IV. Liability and limitation of liability

1. The liability principles are based on the provisions of the Partnership Companies Act (Partnerschaftsgesellschaftsgesetz) and the terms of the mandate. Only the company's assets are liable for liabilities of SKM-IP arising from damages due to incorrect professional practice.
2. The liability of SKM-IP for cases of simple negligence is limited to EUR 10,000,000 (in words: ten million) for each individual mandate, regardless of the number of possible claimants. The limitation of liability does not apply to culpably caused damages resulting from injury to life, body or health of a person. However, the limitation of liability covers all damages due to incorrect professional practice regardless of whether a damage has occurred in one or more years.
3. SKM-IP maintains a professional liability insurance whose sum insured exceeds the statutory minimum sum insured. At the express request of the client, it is possible to take out insurance for the individual case in the amount desired by the client and to increase the limitation of liability up to this amount, provided that SKM-IP and the client have reached prior agreement with regard to the associated costs.
4. Any claim for damages can only be asserted against SKM-IP within a preclusion period of one year after the client has become aware of the damage and the event giving rise to the claim, but at the latest within five years after the event giving rise to the claim, unless the failure to meet the deadline is through no fault of his own. The claim expires if no action is filed within a period of six months from the written rejection of the compensation and the client has been informed of this consequence. The right to raise the plea of the statute of limitation remains unaffected.

V. Data protection and personal data

1. Detailed information on data protection, the handling of personal data by SKM-IP and the rights of data subjects can be found on the Internet at www.skm-ip.de

VI. Applicable law, place of performance and venue

1. The mandate and relationship shall be governed exclusively by German law to the exclusion of German private international law.
2. The place of performance for all services relating to the mandate and client relationship and the exclusive local and international place of jurisdiction for all legal disputes arising from the client relationship is Munich, provided that the principal is a merchant.

VII. Miscellaneous

1. If individual provisions of these mandate conditions should be or become invalid or unenforceable, this shall not affect the validity and enforceability of the remaining provisions. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest to the intended purpose.
2. Changes or additions to these conditions must be made in text form and must be expressly marked as such. This also applies to the cancellation or amendment of the text form requirement.

Imprint

Information according to § 5 TMG

SKM-IP PartGmbB Patent Attorneys
Oberanger 45
80331 Munich
Tel: +49 (89) 2000033-0
info(at)skm-ip.de

Munich Local Court, Partnership Register PR 2300
VAT ID: DE 357472886

Legal representatives of the partnership:

Nils T. F. Schmid
Dr. Jan B. Krauss
Dr. David Kuttenkeuler
Florian Malescha
Paul Schieler

Professional designation and professional rules

Professional title:
Attorney at Law (“Rechtsanwalt”)

Responsible Bar Association:

Details regarding the registration of the individual attorneys at law as well as the postal address can be obtained from the data base of the Federal Bar Association.

All patent attorneys of SKM-IP are licensed to practice in Germany and are members of the German Patent Bar Association (“Patentanwaltskammer”). Our European representatives (“European Patent Attorneys”) are registered at the European Patent Office and are members of the Institute of Professional Representatives before the European Patent Office (epi).

The following professional rules and regulations apply:

The rules of professional conduct applicable to SKM-IP attorneys at law are set forth in the Federal Lawyers’ Act (BRAO), the Rules of Professional Practice Lawyers (BORA), the Law on the Remuneration of Attorneys, the Rules and Regulations for Specialized Lawyers (FAO), the Professional Code for Lawyers of the European Community and the Law Regulating the Activity of European Lawyers in Germany (EuRAG). All texts can be accessed at www.brak.de under the column “Berufsrecht”.

The patent attorneys of SKM-IP are subject to the Patentanwaltsordung (Patent Attorneys Act – PAO), the Federal Regulations for Patent Attorneys and the Rules of Conduct of the Fédération Internationale des Conseils en Propriété Industrielle (FICPI). European Patent Attorneys are subject to the Code of Professional Conduct of the Institute of Professional Representatives before the European Patent Office (epi). All regulations can be accessed through the website of the Patent Attorneys Association, the FICPI and the epi.

Professional liability insurance
The attorneys at law and patent attorneys of SKM-IP as well as SKM-IP are covered by a professional liability insurance policy with the Bayerischen Versicherungsverband (Maximilianstraße 53, 80530 München) for their activities within the member states of the European Union. The insurance complies with the minimum requirements of Sections 51, 51a BRAO and Sections 45, 45a PAO.

Consumer dispute resolution/Universal Conciliation Body

Online dispute resolution
EU Platform for extrajudicial dispute resolution

Consumer dispute resolution
SKM-IP is neither legally obliged nor willing to participate in a dispute resolution procedure before consumer dispute resolution bodies according to the VSBG (Act on Alternative Dispute Resolution in Consumer Matter).

Privacy policy

1. Data protection at a glance

General information

The following information provides a simple overview of what happens to your personal data when you visit this website. Personal data is any data with which you can be personally identified. Detailed information on the subject of data protection can be found in our data protection declaration listed below this text.

Data collection on this website

Who is responsible for data collection on this website?

The data processing on this website is carried out by the website operator. The respective contact details can be found in the section “Note on the responsible body” in this data protection section.

How do we collect your data?

On the one hand, your data is collected when you provide it to us. This can be, for example, data that you enter into a contact form.

Other data is collected automatically or after your consent by our IT systems when visiting the website. These are mainly technical data (e.g. Internet browser, operating system or time of the page view). This data is collected automatically as soon as you enter this website.

What do we use your data for?

Part of the data is collected to ensure error-free provision of the website. Other data may be used to analyze your user behavior.

What rights do you have regarding your data?

You have the right at any time to receive information free of charge about the origin, recipient and purpose of your stored personal data. You also have the right to request the correction or deletion of this data. If you have given your consent to data processing, you can revoke this consent at any time for the future. You also have the right to request the restriction of the processing of your personal data in certain circumstances. Furthermore, you have the right to lodge a complaint with the competent supervisory authority.

You can contact us at any time if you have any further questions on the subject of data protection.

2. Hosting

We host the contents of our website with the following provider:

All-Inkl

Provider is ALL-INKL.COM – Neue Medien Münnich, Inh. René Münnich, Hauptstraße 68, 02742 Friedersdorf (in the following All-Inkl). Further details can be obtained from the data protection information of All-Inkl at: https://all-inkl.com/datenschutzinformationen/.

The use of All-Inkl is based on Art. 6 para. 1 lit. f GDPR (DSGVO). We have a legitimate interest in presenting our website as reliably as possible. If a corresponding consent has been requested, the processing takes place exclusively on the basis of Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TTDSG, insofar as the consent includes the storage of cookies or access to information in the user's terminal device (e.g., device fingerprinting) within the meaning of the TTDSG. The consent can be revoked at any time.

Order processing

We have concluded a contract for order processing (DPA) for the use of the above- mentioned service. This is a contract prescribed by data protection law that ensures that it processes the personal data of our website visitors only in accordance with our instructions and in compliance with the GDPR.

3. General notes and mandatory information

Data protection

The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this data protection declaration.

When you use this website, various personal data are collected. Personal data is data that can be used to identify you personally. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose this is done.

We would like to point out that data transmission on the Internet (e.g. communication by e-mail) can have security gaps. Complete protection of data against access by third parties is not possible.

Note on the responsible representative

Contact person and responsible person within the meaning of § 18 para. 2 MStV

Dr. Jan Krauss, Oberanger 45, 80331 Munich, Germany

The controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data (e.g. names, e-mail addresses, etc.).

Storage period

Unless a more specific storage period has been specified within this privacy policy, your personal data will remain with us until the purpose for processing the data no longer applies. If you assert a justified request for deletion or revoke consent to data processing, your data will be deleted unless we have other legally permissible reasons for storing your personal data (e.g. retention periods under tax or commercial law); in the latter case, the data will be deleted after these reasons no longer apply.

General information on the legal basis for data processing on this website

If you have consented to data processing, we process your personal data on the basis of Art. 6 para. 1 lit. a DSGVO or Art. 9 para. 2 lit. a DSGVO if special categories of data are processed according to Art. 9 para. 1 DSGVO. In the event of express consent to the transfer of personal data to third countries, data processing is also carried out on the basis of Art. 49 (1) a DSGVO. If you have consented to the storage of cookies or to the access to information in your terminal device (e.g. via device fingerprinting), the data processing is additionally carried out on the basis of Section 25 (1) TTDSG. This consent can be revoked at any time. If your data is required for the performance of a contract or for the implementation of pre-contractual measures, we process your data on the basis of Art. 6 para. 1 lit. b DSGVO. Furthermore, if your data is required for the fulfilment of a legal obligation, we process it on the basis of Art. 6 para. 1 lit. c DSGVO. Furthermore, the data processing may be carried out on the basis of our legitimate interest according to Art. 6 para. 1 lit. f DSGVO. Information on the relevant legal basis in each individual case is provided in the following paragraphs of this data protection declaration.

Revocation of your consent to data processing

Many data processing operations are only possible with your express consent. You can revoke consent you have already given at any time. The legality of the data processing carried out until the revocation remains unaffected by the revocation.

Right to object to the collection of data in specific cases and to direct marketing (Art. 21 GDPR)

Wenn die Datenverarbeitung auf Grundlage von Art. 6 Abs. 1 Lit. E oder f DSGVO erfolgt, haben sie jederzeit das recht, aus Gründen, die sich aus ihrer besonderen Situation ergeben, gegen die Verarbeitung ihrer personenbezogenen Daten Widerspruch einzulegen; dies gilt auch für ein auf diese Bestimmungen gestütztes Profiling. Die jeweilige Rechtsgrundlage, auf denen eine Verarbeitung beruht, entnehmen sie dieser Datenschutzerklärung. Wenn sie Widerspruch einlegen, werden wir ihre betroffenen personenbezogenen Daten nicht mehr verarbeiten, es sei denn, wir können zwingende schutzwürdige Gründe für die Verarbeitung nachweisen, die ihre Interessen, Rechte und Freiheiten überwiegen oder die Verarbeitung dient der Geltendmachung, Ausübung oder Verteidigung von Rechtsansprüchen (Widerspruch nach art. 21 abs. 1 DSGVO).

If the data processing is based on Art. 6 (1) lit. E or f GDPR, you have the right to object to the processing of your personal data at any time for reasons arising from your particular situation; this also applies to profiling based on these provisions. The respective legal basis on which any processing is based can be found in this privacy policy. If you object, we will no longer process your personal data concerned, unless we can demonstrate compelling legitimate grounds for the processing which predominate your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims (objection under art. 21 para. 1 GDPR).
If your personal data are processed for the purposes of direct marketing, you have the right to object at any time to processing of any personal data for the purposes of such marketing; this also applies to profiling, insofar as it is related to such direct marketing. If you object, your personal data will subsequently no longer be used for the purpose of direct marketing (objection pursuant to Art. 21 (2) GDPR).

Right of appeal to the competent supervisory authority

In the event of breaches of the GDPR, data subjects shall have a right of appeal to a supervisory authority, in particular in the Member State of their habitual residence, their place of work or the place of the alleged breach. The right of appeal is without prejudice to any other administrative or judicial remedy.

Right to data portability

You have the right to have data that we process automatically on the basis of your consent or in fulfilment of a contract handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another controller, this will only be done insofar as it is technically feasible.

Information, deletion and correction

Within the framework of the applicable legal provisions, you have the right at any time to free information about your stored personal data, its origin and recipient and the purpose of the data processing and, if applicable, a right to correction or deletion of this data. You can contact us at any time for this purpose and for further questions on the subject of personal data.

Right to restrict processing

You have the right to request the restriction of the processing of your personal data. To do this, you can contact us at any time. The right to restriction of processing exists in the following cases:

If you dispute the accuracy of your personal data stored by us, we usually need time to check this. For the duration of the verification, you have the right to request the restriction of the processing of your personal data.
If the processing of your personal data happened/is happening unlawfully, you can request the restriction of data processing instead of erasure.
If we no longer need your personal data, but you need it to exercise, defend or enforce legal claims, you have the right to request restriction of the processing of your personal data instead of deletion.
If you have lodged an objection pursuant to Art. 21 (1) DSGVO, a balancing of your interests and ours must be carried out. As long as it has not yet been determined whose interests prevail, you have the right to demand the restriction of the processing of your personal data.

If you have restricted the processing of your personal data, such data may - apart from being stored - only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the European Union or a Member State.

SSL or TLS encryption

For security reasons and to protect the transmission of confidential content, such as orders or enquiries that you send to us as the site operator, this site uses SSL or TLS encryption. You can recognise an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.

If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

4. Data collection on this website

Cookies

Our internet pages use so-called "cookies". Cookies are small data packets and do not cause any damage to your end device. They are stored either temporarily for the duration of a session (session cookies) or permanently (permanent cookies) on your end device. Session cookies are automatically deleted at the end of your visit. Permanent cookies remain stored on your end device until you delete them yourself or until they are automatically deleted by your web browser.

Cookies can originate from us (first-party cookies) or from third-party companies (so-called third-party cookies). Third-party cookies enable the integration of certain services of third-party companies within websites (e.g. cookies for processing payment services).

Cookies have various functions. Many cookies are technically necessary, as certain website functions would not work without them (e.g. the shopping cart function or the display of videos). Other cookies can be used to evaluate user behaviour or for advertising purposes.

Cookies that are necessary to carry out the electronic communication process, to provide certain functions that you have requested (e.g. for the shopping cart function) or to optimise the website (e.g. cookies to measure the web audience) (necessary cookies) are stored on the basis of Art. 6 (1) lit. f DSGVO, unless another legal basis is specified. The website operator has a legitimate interest in storing necessary cookies for the technically error-free and optimised provision of its services. Insofar as consent to the storage of cookies and comparable recognition technologies has been requested, processing is carried out exclusively on the basis of this consent (Art. 6 para. 1 lit. a DSGVO and § 25 para. 1 TTDSG); consent can be revoked at any time.

You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. If you deactivate cookies, the functionality of this website may be limited.

You can find out which cookies and services are used on this website in this privacy policy.