Important Notice
Please read the following terms and conditions carefully. If you do not agree with these terms and conditions, you must not use this website or any services available through it. By using this website and/or any of the services available through it, you agree to be legally bound by the terms and conditions set out below.
Applicability
1. These terms and conditions apply to the Requestors of both the IP Business and Legal Clinics, and relate to the relationship between IPOS and yourself.
2. These terms and conditions apply in addition to the IPOS Website Terms of Use. In the event of any inconsistency, the relevant clause in these Terms and Conditions will supersede the one in the IPOS Website Terms of Use.
3. IPOS reserves the right to update these Terms and Conditions at any time. The amended version will be published on the IPOS website. The amended Terms and Conditions will take effect from the time they are first published on the IPOS website and will replace any previous version.
Disclaimer
4. The IP Business and Legal Clinics consultants are either volunteers or independent contractors, and are providing the services in their own capacity. They are not agents of IPOS, and do not represent IPOS in any manner. The IP Business and Legal Clinics are provided in the form of a 45-minute session in which the consultant will provide only oral advice to you.
5. All advice provided by the IP Business and Legal consultants are provided in their own capacity or that of their company. IPOS is not involved in the transaction of the provision of such advice other than providing the online booking system for the arrangement of the clinic sessions. IPOS shall not be a party to any disputes howsoever arising between you and the law firm.
6. In relation to the IP Legal Clinics, the lawyer-client relationship shall be between you and the consultant conducting the IP Legal Clinic session. No lawyer-client relationship shall exist between the consultant and IPOS in relation to any IP Legal Clinic session. IPOS will not have access to any of the consultant’s notes or records from the IP Legal Clinic session and the consultant will not disclose to IPOS any matters that were discussed with you.
7. Based on all the foregoing, you agree as a condition for requesting a Business or Legal Clinic session that IPOS shall bear no liability for any loss, damage or harm arising from any reliance on the advice provided by the IP Business or Legal consultant, and that IPOS shall not be subject to any claim for damages (whether direct, indirect, punitive, additional, special, consequential or otherwise) resulting from any advice provided by the IP Business or Legal consultant.
Eligibility for IP Business Clinics
8. To qualify for an IP Business Clinic session, you must be a Singapore citizen, Permanent Resident, or a Singapore registered business.
9. The 45-minute IP Business Clinic session is for first-time Requestors only. It allows you to discuss IP strategies and options for businesses with the consultant. Areas of expertise include advisory on IP issues in overseas markets, IP Commercialisation, IP Intelligence, Audit and Valuation, and IP Strategy and IP Portfolio Management.
10. The IP Business Clinics do not cover advice on the registrability of any IP in Singapore, as well as advice on the merits of any decision issued in connection with any IP registration process.
Eligibility for IP Legal Clinics
11. To qualify for an IP Legal Clinic session, you must be a Singapore citizen, Permanent Resident, or a Singapore registered business.
12. The 45-minute IP Legal Clinic session is for first-time Requestors only. The matters on which Requestors may obtain advice at IP Legal Clinic sessions are confined to the following:
i. IP infringement, opposition, invalidation, or revocation disputes;
ii. The courses of action, remedies and enforcement actions that can be taken, that are related to IP rights infringement; and
iii. Assessment on the Requestor’s legal position and on the strategy to be adopted in his or her dispute proceedings, so as to obtain the best resolution of such dispute in a cost-efficient manner. Some examples (this is not an exhaustive list) include the following:
- advice prior to the commencement of dispute proceedings on the legal position(s), the viability of commencing dispute proceedings, on the possible remedies that can be pursued, and on the likelihood of success and the expected result for each remedy;
- where legal documents pertaining to civil and criminal proceedings are received by the Requestor, to provide advice on the legal position of the Requestor, advice on the merits of the action, the possible remedies that can be brought against them, the likelihood of success of the case and expected result of each remedy, the possible steps that the Requestor can take after receiving such legal documents;
- advice in the event any judicial decision or arbitral award is adverse to the Requestor, on the likelihood of success of any appeal against such decision; and
- advising on the best strategy to be adopted in the dispute proceedings, so as to obtain the best resolution of such dispute in a cost-efficient manner.
13. The IP Legal Clinics do not cover advice on the registrability of any IP in Singapore, as well as advice on the merits of any decision issued in connection with the IP registration process.
Payment for IP Legal Clinics
14. By requesting an IP Legal Clinic session, you agree that you shall be responsible for paying the consultant’s fees in respect of the session. To ease your financial burden, IPOS shall provide a subsidy to you to cover such fees. To be eligible for the subsidy, you must be a Singapore citizen, Permanent Resident, or a Singapore registered business. IPOS will determine your eligibility for the subsidy prior to your IP Legal Clinic session.
15. After the session, IPOS shall disburse the subsidy directly to the law firm on your behalf, following IPOS’ receipt and acceptance of a satisfactorily completed attendance form (as prescribed by IPOS) signed by both the law firm and you, confirming that the IP Legal Clinic session has taken place, and a copy of the invoice issued by the law firm to you. This process ensures you will not be out-of-pocket by having to make payment first and submitting a claim for reimbursement later.
16. To avoid doubt, the subsidy only covers the initial consultation during the IP Legal Clinic session and does not extend to any further discussion between you and the consultant, or if the consultant subsequently acts for you.
Cancellation or non-attendance of Business and Legal Clinics
17. IPOS reserves the right to cancel any IP Business or Legal Clinic session, at any time before the clinic starts, in its absolute discretion. You agree that IPOS shall bear no liability for any loss, damage or harm, and shall not be subject to any claim for damages (whether direct, indirect, punitive, additional, special, consequential or otherwise) arising from the cancellation of any IP Business or Legal Clinic, whether by IPOS or by the consultant.
18. In the event that you do not turn up for a scheduled IP Business Clinic session, you shall be deemed to forfeit your one-time eligibility for the IP Business Clinic and will not be able to book another session.
19. In the event that you do not turn up for a scheduled IP Legal Clinic session, you shall be deemed to forfeit your one-time eligibility for the IP Legal Clinic and the subsidy provided by IPOS for it and will not be able to book another session.
Privacy and Confidentiality
20. Data (including any personal data) may be gathered for the purposes of the IP Business and Legal Clinics. You agree and consent to IPOS and its subsidiary companies (collectively, the “IPOS Group”) collecting, using, disclosing and sharing amongst themselves your personal data from time to time, and disclosing and sharing such personal data to the IPOS Group’s authorised service providers, and relevant parties for one or more of the purposes as set out in the IPOS Privacy Statement and the IPOS Group Data Protection Policy, but this does not include the sharing or disclosing of highly sensitive personal data. Your data (including any personal data) shall be protected and used in the manner as described in the IPOS Privacy Statement and the IPOS Group Data Protection Policy. The consultants for your IP Legal Clinic session may also request your personal data (e.g. NRIC number) for the purposes of carrying out conflict of interests checks and other necessary due diligence checks prior to the session. By requesting an IP Legal Clinic session, you agree to provide the consultant with such information, where necessary.
21. By requesting an IP Legal Clinic session, you acknowledge that you have not, prior to the request, disclosed any information or document related to your matter to the consultant assigned to you. You may provide such information or document to the consultant only after first making the request, in preparation for the session.
22. The confidential information that you provide to the IP Business or Legal Clinic consultant shall be protected in accordance with the confidentiality rules that govern that particular relationship. The default mode of the clinic sessions will be through videoconferencing, unless stated otherwise at IPOS’ discretion. While all reasonable steps will be taken to ensure that the IP Business or Legal Clinic consultant uses videoconferencing platforms that are suitable and secure, IPOS will not be responsible for any breach in security or other issues that may give rise to a loss of confidentiality. Where confidential information is disclosed through videoconferencing platforms, you agree as a condition for requesting a Business or Legal Clinic session that IPOS shall bear no liability for any loss, damage or harm arising from any loss of confidentiality by the use of such videoconferencing platforms, and that IPOS shall not be subject to any claim for damages (whether direct, indirect, punitive, additional, special, consequential or otherwise) resulting from the same.
23. IPOS reserves the right to allow no more than 1 IPOS staff member to attend the beginning of an IP Legal or Business Clinic session purely for administrative purposes. By requesting an IP Legal or Business Clinic session, you consent to the attendance of the IPOS staff member at the beginning of the session. The consultation shall commence only after the IPOS staff member has left the session.
24. In addition, with both your and the consultant’s prior consent, IPOS may allow up to 1 tertiary student and 1 IPOS intern to attend an IP Legal or Business Clinic session for observation purposes. For the tertiary student, this may include assisting the consultant with any preparation based on available information and documents provided prior to the session. To avoid doubt, neither the tertiary student nor the IPOS intern is a representative of IPOS, and he or she will not disclose to IPOS any matters that were discussed during the session.
25. All reasonable steps will be taken to keep all disclosed information and documents confidential, including obtaining such information and documents only on a need-to-know basis, encrypting data transmission, and signing non-disclosure agreements where appropriate.
Waiver
26. If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable, such provision will be severed and the remainder of these Terms and Conditions shall continue in full force and effect.