Terms and conditions for the licensing of EPO PATSTAT data
Scope
1.1 These terms and conditions apply to the licensing of the EPO PATSTAT dataset as bulk data provided by the European Patent Organisation ("EPO"). This dataset in bulk data form is hereinafter referred to as "PATSTAT data".
1.2 The EPO has incurred considerable expense in creating the PATSTAT data. These expenses qualify as a qualitatively and quantitatively substantial investment within the meaning of Section 87a of the German Copyright Act (Urheberrechtsgesetz) and comparable provisions in other national copyright regimes.
Conclusion of contract
Acceptance of the present terms and conditions and provision of all required contact and, where applicable, billing details by the user ("the licensee") constitutes an offer to the EPO to conclude a contract for the licensing of the selected PATSTAT data. The EPO may accept this offer, in which case a contract is concluded between the EPO and the licensee. The EPO will send its acceptance by email.
Subscriptions, automatic renewal
3.1 PATSTAT data is available on a subscription basis for the entirety of PATSTAT bulk data.
3.2 In the case of a subscription, the licensee receives a copy of the PATSTAT data in its most recent version at the beginning of the subscription period, and all updates during the subscription period every time a new version of the bulk data set becomes available. All subscriptions run per calendar year. Even if the PATSTAT data is ordered after the year has started, the licensee will receive full information for the entire calendar year.
3.3 Subscriptions are extended automatically for a further calendar year unless the contract is terminated in accordance with Article 16.
Delivery
4.1 Within 30 (thirty) days of conclusion of the contract, the EPO will deliver the PATSTAT data and any updates to the licensee by making the data available for downloading by the licensee.
4.2 The technical details of the PATSTAT data, the format of the data and the information required for downloading are specified on the PATSTAT page (epo.org/patstat) and the BDDS page (epo.org/BDDS) of the EPO website.
4.3 The EPO does not bear the licensee's costs of incorporating downloaded data or parts of them into the licensee's computer system.
Scope of right to use the PATSTAT data
5.1 Upon conclusion of the contract the licensee receives a non-exclusive, non-transferable, worldwide licence to use the selected PATSTAT data. Rights of third parties to the data in the PATSTAT data remain unaffected.
5.2 The licensee may use the PATSTAT data for their own internal or research purposes or to create their own product, provided this product is offered to third parties or to the general public free of charge, this being defined as the licensee's own machine-readable database, publication, service or other product which contains or is made on the basis of data from the PATSTAT data. An unaltered copy of the PATSTAT data as such is not a product allowed under these terms and conditions (see 5.4).
5.3 The licensee may make unlimited copies of the PATSTAT data on their IT systems, including on cloud systems operated by third parties but only accessible to the licensee, to the extent necessary to use the PATSTAT data as provided for in these terms and conditions.
5.4 The licensee must not make the PATSTAT data or a copy thereof or the data as such available to the public. They must not distribute the data as such without including them in a product of their own, unless expressly authorised to do so by the EPO in writing.
5.5 The licensee must not provide online access to the PATSTAT data, except as part of one of their own products.
5.6 The licensee must not use any address data included in the PATSTAT data for advertising, promotional, spamming or other commercial purposes. They must not use the data for the rating of natural persons.
5.7 All wrongful use of the data, especially any use in connection with an activity liable to convey the impression that the licensee is entitled or qualified to register, renew or otherwise administer industrial property rights with legal effect, is prohibited.
5.8 Any commercial use of the PATSTAT data requires prior written or electronic permission from the EPO. The permission may be granted upon reasoned written or electronic request if the EPO determines that such use does not violate or jeopardise its rights or interests, or those of third parties and natural persons. The EPO may decide to charge a licensing fee for the provision of PATSTAT data in case of intended commercial use and will communicate the terms and conditions for such use in response to a specific request.
Security
6.1 The licensee must ensure that the PATSTAT data, or a copy or back-up copy thereof, be it in whole or in part, do not leave their control and cannot be accessed by third parties.
6.2 The licensee must take all necessary security measures to ensure the integrity of the original PATSTAT data and to safeguard them from unauthorised – be it in whole or in part – access, copying, changing, translation, adaptation and use. These measures must be at least equal to and not less stringent than those taken by them to protect their own like data or other similar databases, and in any event must not fall short of a reasonable degree of care. At the EPO's request, the licensee must inform it without undue delay of all measures taken by them to comply with this Article.
Subcontracting
7.1 Where the licensee makes use of the services of a subcontractor, they may make the PATSTAT data available to the subcontractor to the extent required to perform the services.
7.2 The licensee must ensure that the subcontractor uses the PATSTAT data only to perform the services for the licensee and does not keep any copy of the PATSTAT data after having performed those services.
7.3 The licensee must require that the subcontractor meet the same conditions as to security, confidentiality and data protection as are laid down in these terms and conditions.
Transfer to an affiliate
8.1 By way of exception to Article 5.1, licensees may transfer their licence to an affiliate. In such cases, they must cease to use the PATSTAT data themselves and must not keep any copy of the PATSTAT data and inform the EPO of this transfer.
8.2 An affiliate is any legal entity which directly or indirectly controls the licensee, is directly or indirectly controlled by the licensee, or is under common control with the licensee. Control means direct or indirect ownership of more than 50% of the capital stock or the voting rights in such a legal entity.
Prices and payment
9.1 Online access to and downloading of the PATSTAT data under this Agreement is free of charge.
9.2 No royalties are due to the EPO for the sale or licensing of products by the licensee.
Promotion of products and attribution clause
10.1 The licensee is prohibited from using the EPO's name or logo in connection with the promotion of their products.
10.2 The licensee must include in their products, websites and other interfaces through which their products can be accessed the following attribution statement: "This product contains data sourced from EPO PATSTAT data, © European Patent Organisation". Whenever technically possible, the hyperlink www.epo.org must be embedded in the words "European Patent Organisation".
10.3 Any use of the EPO's name other than as specified in Article 10.2 and any use of the EPO's logo are strictly prohibited.
10.4 At the EPO's request, the licensee must give it access free of charge to their products for monitoring purposes and, for a period of eight weeks, to a test version of those products.
Quality and format of PATSTAT data
11.1 The quality, content, coverage and format of the PATSTAT data, and the frequency of updates, are exhaustively defined in the general specifications set out in the price list and the documentation referred to therein. For the avoidance of doubt, only the description current at the date of the delivery is relevant.
11.2 The EPO may modify the frequency of updates and the format of the PATSTAT data. It will give licensees advance notice of any such modifications by email. Licensees who object to the modifications can terminate the contract in accordance with Article 16.3.
11.3 Should licensees become aware of the existence of non-compliant data, they must inform the EPO without undue delay.
Liability
12.1 The licensee is liable to compensate the EPO in accordance with the applicable statutory provisions for all damage or expenses it suffers as a result of a culpable breach by them of their contractual obligations.
12.2 Without prejudice to Article 9 of the European Patent Convention, the EPO is liable only for damage caused by an intentional or grossly negligent breach of its duty by its employees, statutory representatives or auxiliary persons. Where a claim for damages against the EPO is based on simple negligence on the part of the EPO (including the persons listed above), the EPO is liable only for death, personal injury or damage to health or for claims based on a breach of an essential contractual obligation. In the latter case, if the claimant is an entrepreneur within the meaning of Section 14 of the German Civil Code, the EPO's liability is limited to typical and foreseeable damage.
Warranty and limitation of liability
13.1 The EPO warrants that, with regard to content, coverage, updates and format, the PATSTAT data is in accordance with the general specifications set out in the price list and the documentation referred to therein. In the event that PATSTAT data does not conform with such specifications, the only obligation of the EPO will be to make, at no additional charge or expense to the licensee and within a reasonable timeframe, all corrections that are necessary to ensure conformity. The EPO may choose either to rectify the non-conformity or to provide the licensee with a new copy of the PATSTAT data. If the EPO informs the licensee that corrections are available, the licensee must incorporate them without undue delay. The licensee releases the EPO from all third-party claims arising from a failure to make such corrections or a failure to do so in due time.
13.2 The EPO makes no warranty, express or implied, as to the completeness and accuracy of the PATSTAT data or their merchantability or fitness for a particular use or purpose. Any implied liability is hereby disclaimed.
Without prejudice to Article 12 above, the EPO is not liable for any damages, including, but not limited to, direct, indirect, special, incidental, punitive, exemplary or consequential damages, arising from the use or inability to use PATSTAT data, even if the EPO is advised of the possibility that damage may be caused.
13.3 Any claims for defects become time-barred one year after delivery of the PATSTAT data or data in question to the licensee. The licensee must submit any claims relating to an obvious defect in writing without undue delay and at the latest within one month of delivery of the PATSTAT data or data in question.
Confidential information and data protection
14.1 The EPO must keep confidential and not disclose to others any confidential information it may acquire about any aspect of the licensee's business or products, the identity of the licensee's customers, or any aspect of those customers' business, unless the licensee has given their prior written consent.
14.2 As an exception to Article 14.1, the EPO may disclose such information to entities or persons who are customarily responsible for overseeing its operation, whether or not such entities or persons are legally separate from or employed by it. The EPO may also use such information internally for purposes falling within the scope of the contract and for auditing and statistical purposes.
14.3 At the licensee's request, the EPO must return all confidential information to the licensee or, if so requested by the licensee, destroy it upon termination of the contract and must certify for the licensee that this obligation has been complied with.
14.4 The foregoing provisions of this Article do not apply to any disclosure or retention of documents which is required by law, a court order or for audit purposes or to information which is in or enters the public domain.
14.5 Irrespective of whether or not the licensee is located within the European Economic Area, the licensee must ensure that personal data (i.e. data that allows the licensee to identify other persons, in particular personal data relating to inventors or applicants) is processed in accordance with all applicable data protection laws and regulations and in any event in accordance with Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation). This also applies to any processing of personal data by other persons acting under the authority of or in collaboration with the licensee (e.g. the licensee's employees, affiliates, subcontractors) to whom the licensee makes the PATSTAT data available in accordance with these terms and conditions. Any onward transfer of personal data to a recipient outside the European Economic Area is permitted only if the requirements of Article 44 et seq. General Data Protection Regulation are complied with.
14.6 Without prejudice to any applicable national provisions on data protection, both the EPO and the licensee remain bound by the provisions of this Article for a period of five years after termination of the contract.
Proprietary rights
The licensee recognises the EPO's copyright in the PATSTAT data. Save as expressly provided for in these terms and conditions, no rights to or property in the PATSTAT data are passed to the licensee.
Duration and termination of contract
16.1 The contract concluded between the EPO and the licensee on the basis of the present terms and conditions is of indefinite duration.
16.2 The EPO and the licensee each have the right to terminate the contract at the end of a calendar year, in writing or by email, with a notice period of three months before the end of that calendar year.
16.3 The EPO address for giving notice of termination is:
Email: [email protected].
16.4 The EPO has the right to terminate the contract at any time without notice for serious breach of contract by the licensee. A serious breach is, in particular, a violation of Article 5.4, 5.5, 5.6, 5.7, 5.8, 10.1, 10.3 or 14.5.
16.5 After termination of the contract, the licensee will continue to have a right to use any and all data previously supplied by the EPO under the contract but will not receive, and have no right to receive, any future data updates.
Amendments of the terms and conditions
17.1 The EPO reserves the right to amend these terms and conditions at any time. It will notify licensees of any such amendments by email.
17.2 Licensees who object to the amendments can terminate the contract in accordance with Article 16.2.
17.3 For licensees who do not terminate the contract, the amendments will take effect two months after the date of their notification. The EPO will draw licensees' attention to this consequence and to their right of termination when informing them of any amendments.
Applicable law and disputes
18.1 The contract concluded between the EPO and the licensee is governed by German law, excluding the provisions of German private international law. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
18.2 Any disputes arising from or in connection with the contract will be finally settled by binding arbitration with one single arbitrator in accordance with the provisions of the German Code of Civil Procedure (ZPO). The venue for arbitration is Munich.
18.3 If the EPO waives its immunity from national jurisdiction, the sole legal venue for any dispute arising from or in connection with the contract is Munich.
General
Should a clause of the contract be or become invalid, the remainder of the contract remains in force. The invalid clause must be replaced by a valid clause coming closest to achieving the object and purpose of the invalid clause.