Terms Of Business

This document sets out the terms of business between you and Cameron Intellectual Property Limited “Cameron IP”. In this document, “we”, “our”, “the Firm” and “this Firm” refer to Cameron Intellectual Property Limited.

1. Basis

1.1 These Terms of Business assist us in providing you with the highest standards of professional service and will form the basis of our ongoing relationship with you. Your continued instructions will be taken as acceptance of these Terms of Business unless we are informed otherwise in writing.

2. Regulation

2.1 Cameron IP is regulated by the Intellectual Property Regulation Board (IPReg).  As such, we are subject to IPReg’s regulatory arrangements, and our staff are therefore bound by IPReg’s rules and regulations. These rules and other useful background on IPReg’s regulatory role can be found on the IPReg website at www.ipreg.org.uk.

2.2 Our European Patent Attorneys are also bound by the Code of Conduct of the Institute of Professional Representatives before the European Patent Office (EPO). This Code of Conduct and other useful background information can be found on the EPI’s website at www.patentepi.org.

2.3 Cameron IP is committed to compliance with the IPReg Transparency Standards. We provide clear information about our services, pricing structures, and complaints procedures in these Terms and on our website at www.cameronintellectualproperty.com. Additional details are available upon request.

3. Our Services

3.1 Cameron IP provides professional services as UK Patent and Trade Mark Attorneys, including but not limited to drafting and filing patent, trade mark and design applications, prosecuting applications before IP offices, conducting searches, providing strategic IP advice, and managing renewals. We may also represent clients in contentious proceedings, including but not limited to oppositions, appeals, or litigation before relevant IP offices or courts, subject to the scope of instructions provided.

3.2 Our services are subject to limitations, such as reliance on timely and accurate client instructions (see Section 7), the inherent uncertainties of searches (see Section 15), and the actions of third parties (see Section 10). Failure to meet IP office deadlines may result in irrevocable loss of rights.

3.3 The services provided by us are limited to those specifically agreed in writing. Any additional services will require a further instruction and separate agreement. For the avoidance of doubt, we do not provide any legal advice outside of IP unless separately agreed in writing.

3.4 Any views, comments or guidance provided by Cameron IP during preliminary discussions, introductory meetings, telephone conversations, networking events or other informal communications are provided for general guidance only and shall not constitute formal legal or professional advice unless subsequently confirmed by us in writing as part of an agreed instruction. Cameron IP accepts no liability for any loss arising from reliance on such informal communications.

3.5 We are responsible only for those matters expressly accepted by us in writing.

3.6 We shall have no obligation to advise on matters falling outside the agreed scope, whether or not related to the engagement.

3.7 Unless otherwise expressly agreed in writing, our engagement in relation to any matter shall conclude upon completion of the specific services for which we have been instructed. Following completion of those services, Cameron IP shall have no continuing obligation to advise you of any subsequent changes in legislation, case law, Intellectual Property Office practice, official guidance or other developments which may affect your intellectual property rights or commercial position. Any further advice or review shall require a separate instruction from you.

4. General

4.1 Nothing in these Terms of Business shall create, or be deemed to create a partnership or joint venture or relationship of employer and employee or principal and agent between the parties.

4.2 If at any time any one or more of the conditions of the contract (or any sub-condition or paragraph or any part of one or more of these Terms of Business) is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, the same shall be deemed omitted from the contract and the validity and/or enforceability of the remaining provisions of the contract shall not in any way be affected or impaired as a result of that omission.

5. Identifying Our Client

5.1 Unless otherwise agreed in writing, the body or person providing us with instructions will be regarded as our client and, as such, will be responsible for paying our invoices. If you advise us that any other body or person is to be responsible for paying our invoices, the body or person regarded as our client will remain liable to pay our invoices if the other body or person fails to do so for any reason.

5.2 Where more than one party is involved, for example, in the case of joint patent applicants, we may require written confirmation from each party that we are to take instructions from one party on behalf of all parties. In this event, unless otherwise agreed, that one party will be the only party from whom we will accept instructions – we will also normally look to that party for payment of any invoice in the first instance; however, for the avoidance of doubt the other parties will also be jointly and severally responsible for any charges incurred by us.

5.3 Unless otherwise agreed, we will assume that any person within your organisation may instruct us on your behalf – unless they clearly do not have the appropriate authority to do so.

6. Money Laundering Regulations

6.1 In order to comply with the United Kingdom’s Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (and with parallel legislation in other countries) we are required to undertake certain investigations into new clients and to report to the relevant authorities any suspicious activities identified. By instructing us, you agree that this legislation binds us and that you will not hold us liable for any loss or damage resulting from our compliance with these regulations.

7. Proceeds of Crime

7.1 We are legally required to notify the United Kingdom National Crime Agency (NCA) under the Proceeds of Crime Act 2002 if we become aware of, or suspect, any suspicious activity or circumstance in your financial dealings with us.   If we make such a notification, we will comply with legal requirements, which may prevent us from informing you.  In the event that we deem it necessary to make such a notification, we would be unable to conduct any further work on your cases until we have specific consent from NCA to do so. Such consent is normally provided quickly; however, there is a possibility that our inability to act for you in such a situation could result in lost rights which we are otherwise looking after for you.  We will take reasonable steps to mitigate any impact, subject to legal constraints.

8. Instructing Us

8.1 We rely on clients to provide timely and accurate instructions. IP offices routinely impose response deadlines and failure to meet these can be fatal to the rights concerned.  We cannot be held responsible for any loss of rights or opportunity if you do not provide clear and complete instructions early enough for us to act within official deadlines. Where we receive late instructions, we may charge an urgency surcharge in addition to the usual cost of the work undertaken to account for any urgent reallocation of Firm resources.

8.2 We will endeavour to advise you of time limits, and actions that are required from you; however, we do not undertake to provide reminders of the same, and ultimate responsibility for ensuring instructions are provided in sufficient time remains with you as our client. We will provide regular updates on the progress of your matters, including key developments and any changes required to the scope of work, to ensure you are informed.

8.3 If we receive very late instructions from you we may not be able to take any required resulting action in time – in which case your rights may be lost irrevocably.

8.4 We will act on your verbal instructions in cases of emergency; however, all such verbal instructions should also be confirmed in writing. We do not accept any liability for any misunderstanding or misinterpretation arising from any verbal instructions provided.

8.5 Any timeframes given by us to you for the performance of services or the provision of advice are estimates only. We will also not be liable for any delays caused by third-parties (such as national or international IP offices).

8.6 You warrant and undertake that:

(a) all information, documents and instructions provided to Cameron IP are, to the best of your knowledge and belief, accurate, complete and not misleading;

(b) you have the necessary authority to instruct Cameron IP in relation to the relevant matter and to bind any person or organisation on whose behalf you are acting;

(c) where you provide documents, drawings, specifications, trade marks, designs or other materials to us, you are entitled to provide them for the purposes of our engagement and their use by Cameron IP in carrying out our instructions will not knowingly infringe the rights of any third party;

(d) you will promptly notify us of any material change to the information or instructions previously supplied to us; and

(e) unless we expressly agree otherwise in writing, Cameron IP shall be entitled to rely upon the accuracy and completeness of all information and instructions supplied by you or on your behalf without undertaking any independent verification.

8.7 Cameron IP shall not be liable for any loss, delay, additional costs or prejudice arising from inaccurate, incomplete, misleading or late information or instructions provided by you or by any person acting on your behalf.

8.8 Where you, or a person authorised to instruct us on your behalf, sends us an email, message, document or other communication, we are entitled to treat that communication as having been reviewed, approved and sent by that person, whether or not its content was prepared, generated, suggested or modified using an artificial intelligence tool or other automated system. We may rely and act upon any instructions contained in such a communication in the same way as instructions drafted without such assistance.

8.9 You are responsible for checking that every communication sent to us accurately reflects your intentions. You may not withdraw, dispute or disclaim an instruction, or liability for work properly undertaken in reliance upon it, solely because an artificial intelligence tool or other automated system generated, altered or misunderstood any part of the communication. If a communication does not accurately reflect your intentions, you must notify us promptly and, where possible, before we begin the instructed work.

9. Maintaining Accurate Records

9.1 Please notify us promptly of any change in personnel, name, address, or in the ownership of any rights we look after on your behalf. Formal registration of such changes at the relevant intellectual property offices is often desirable. We will normally address correspondence to the last physical or email address notified to us, and this will fulfil any duty that we may have to communicate with you.

9.2 Whilst conducting work on your behalf we will not make any assumptions that we are to maintain your IP rights in force unless we receive specific overriding instructions to do so. If you provide specific overriding instructions to maintain your IP rights in force unless specific abandonment instructions are received from you, we may deem it necessary to take action from time to time to ensure your rights do not irrevocably lapse and in that event we will pass the costs of completing this work on to you.

9.3 Unless expressly agreed otherwise in writing, Cameron IP does not undertake responsibility for monitoring, reporting or paying renewal, maintenance, annuity or other periodic fees relating to any intellectual property rights.

9.4 Where Cameron IP has expressly agreed to provide a renewal monitoring service, our obligations shall be limited to the scope of that agreement and shall be subject to your providing timely instructions and sufficient cleared funds to meet all official fees, third-party charges and our own fees. We reserve the right to suspend or cease providing any renewal monitoring service where invoices or requests for funds on account remain unpaid, or where we are otherwise unable to obtain timely instructions from you. Cameron IP shall not be liable for any loss of rights resulting from such suspension or cessation, provided we have given reasonable notice where reasonably practicable to do so.

10. Third Parties

10.1 When implementing your instructions, it may be necessary for us to instruct third parties to act on your behalf. These third parties may include inter alia foreign lawyers, foreign patent attorneys, foreign trade mark attorneys, specialist annuity payment providers, specialist patent and trade mark searchers, illustrators, translators, and patent validation providers. We may choose to either instruct such third parties directly on your behalf or require you to sign a Power of Attorney or similar document enabling you to engage such third parties directly. Such third parties are not part of this Firm.

10.2 We select third parties whom we regard as being of good quality; however, we will not be liable for any default or negligence by such third parties. We do, of course, monitor such third parties on an on-going basis to ensure that the required high level of service is provided, and that Cameron IP’s high-performance standards are maintained.  We do not select any third party purely because they provide us with preferable terms, and no third party provides us with a financial reward to use them.

10.3 Whilst Cameron IP endeavours to select third parties whose performance and expertise Cameron IP regards as being of high quality, Cameron IP will not (as far as permissible by law) be liable for any losses, liabilities, costs or expenses arising as a result of any default or negligence on the part of any such third parties.

10.4 If for any reason you would prefer to make use of a particular third party to assist us in servicing your portfolio, or would like us to change the third-party supplier on any matter at any point, please let us know and this will be accommodated.

11. Confidential Information

11.1 While representing you, we may receive confidential information about you. We will always keep such information confidential, except where disclosure is required by law or regulation.

11.2 In general, we recommend that you restrict the release of, and maintain strict control over, any information not already in the public domain connected with any instructions you provide to us.

11.3 We reserve the right to publicise that we act for you on our website in a promotional capacity.  However, this is limited to referring to the name of your organisation and no details regarding e.g. the type or nature of work conducted for you will be published.  You may opt out of this by notifying us in writing.

12. Use of Artificial Intelligence

12.1 Cameron IP may use artificial intelligence, including generative artificial intelligence (“AI Tools”), to enhance the efficiency and accuracy of our services. AI Tools may be used in the following principal areas:

(a) searching for and reviewing patents, trade marks, designs, case law and other information;

(b) summarising, comparing, classifying, translating or extracting information from documents;

(c) assisting in the preparation or review of correspondence, reports, specifications, submissions and other documents;

(d) analysing data and identifying inconsistencies, omissions or issues requiring professional consideration; and

(e) supporting administrative, records-management, deadline-management and other internal workflows.

These AI Tools are carefully selected and monitored to ensure they meet our high standards of professional service. We will not use AI Tools to make final professional or strategic decisions on your behalf.

12.2 AI Tools are used only to assist our personnel and not to replace professional judgement. Cameron IP and the professional personnel responsible for your work remain responsible for the services provided to you. AI-assisted work will be subject to appropriate human review, and any substantive output used in providing professional services will be checked for errors and omissions to a standard at least equivalent to that expected if the work had been produced solely by a competent human practitioner.

12.3 Before using an AI Tool in connection with confidential client information, we will take reasonable steps to understand and assess the tool’s operation, security, data-handling arrangements and confidentiality protections. We will not submit confidential information to an AI Tool unless we are satisfied that the tool provides a level of confidentiality and security appropriate to the information and the circumstances. Where appropriate, we will use technical or organisational safeguards such as access controls, contractual protections, data segregation, anonymisation or pseudonymisation.

12.4 AI Tools can produce inaccurate, incomplete, biased or otherwise unreliable material. We take these limitations into account when selecting and using AI Tools and when reviewing their output. Our use of an AI Tool does not reduce or exclude our professional responsibility to you, and we will not rely upon the involvement of an AI Tool as an excuse for any error or omission in our professional work. Any limitation of our liability is governed by Section 23 and not by the fact that an AI Tool has been used.

12.5 By instructing us on the basis of these Terms, you agree that we may use AI Tools in the areas described in clause 12.1, subject to the safeguards in this Section. If you do not wish us to use generative AI, either generally or for particular matters or categories of work, please notify us in writing. We will record and comply with your instructions. If your instructions would materially affect how, when or at what cost we can undertake work, we will discuss this with you before proceeding.

12.6 If we propose to use generative AI for a materially different purpose from those identified in clause 12.1, or in a manner that materially changes the nature of our service, we will provide appropriate information and establish your wishes before doing so.

12.7 We will use AI Tools in accordance with applicable professional, confidentiality, data-protection and intellectual-property obligations, including, where applicable, the epi Guidelines: Use of Generative AI in the Work of Patent Attorneys – https://patentepi.org/en/epi/library/main/538e242d-f1be-46bd-bb34-b948e1544d69/file, relevant IPReg guidance and any binding requirements of courts, intellectual-property offices or other competent authorities.

12.8 Our use of AI Tools is addressed above. Where you use AI or another automated system in preparing communications or instructions sent to us, clauses 8.8 and 8.9 apply.

13. Electronic Communications

13.1 We will primarily communicate with you by email on most matters. Since emails occasionally lack adequate security (which can occasionally jeopardise confidentiality) we accept no liability for non-receipt or late receipt by you of such communications – or for any corruption in the information communicated to you or its disclosure to other parties due to the interception of such communications.  We will accommodate reasonable requests for alternative communication methods (e.g., post, secure portals) to meet your accessibility needs.

13.2 We regularly carry out virus checks on our systems; however, you are responsible for carrying out your own virus checks on your systems and any communications (in any form). We do not accept any liability (including negligence) for any viruses that enter your system or data by these, or any other, means.  You should be vigilant for phishing emails or other fraudulent communications that may appear to originate from us. We will not request sensitive information (e.g., bank details) via unsolicited emails. If you receive suspicious communications, please contact us directly to verify their authenticity. We are not liable for any losses arising from phishing or fraudulent emails including any such emails purporting to originate from us, provided we have taken reasonable steps to secure our systems.

14. Ownership and Management of Files

14.1 We are a predominantly paperless firm, and our use of electronic filing systems means that we typically do not retain paper files. Ownership of our paper and electronic files is determined by overriding legal jurisprudence which confirms that certain parts of the files will remain your property and certain parts will remain our property.  For the avoidance of doubt, this only relates to the ownership of the physical or electronic correspondence in such files and does not affect ownership of any intellectual property rights. We make no claim to any of your intellectual property rights.

14.2 We reserve the right to exercise a lien over any parts of the files until our invoices are paid.

14.3 If at any time you wish to transfer your work to another professional advisor, we will release any parts of the files which are your property once you have paid all outstanding invoices.  Parts of the files which are our property will remain our property at all times.  We will consider any requests from you for copies of parts of files belonging to us.  If we agree to release copies of those parts we may charge a reasonable administrative fee to compensate for our time spent making such copies and collating any required accompanying information.

14.4 Unless otherwise agreed in writing, Cameron IP may retain your files, whether in electronic or paper form, for such period as we consider appropriate having regard to our legal, regulatory and professional obligations and our internal document retention policies. Following expiry of the applicable retention period, we may securely destroy or permanently delete all or part of your files without further notice to you, unless we are required by law or regulation to retain them for a longer period.

14.5 You are responsible for retaining your own copies of all documents, correspondence, intellectual property records and other materials that you may require in the future. Cameron IP shall not be liable for any loss arising from the destruction or deletion of files in accordance with this clause.

15. Searches

15.1 Any searches you request may be carried out by us, by Patent Offices or by an independent specialist searching firm. Due to the limitations and occasional errors in classifications, indices, computer databases and official records, no search can be guaranteed for comprehensiveness or accuracy. We will endeavour to point out any particular limitations in any search results when reporting search results to you – and may recommend extending the search in certain circumstances. Search opinions represent professional opinions only and cannot guarantee registrability, validity, freedom to operate or enforceability.

16. Charges and Payment

16.1 Our charges are primarily based on the amount of our professional time spent on any given matter, although other factors may also be considered. Such factors may include the size and complexity of the matter – and we may adjust our standard charges if highly specialised knowledge is required, or if the matter is exceptionally complex. Fixed fees may sometimes be agreed; however, these are only binding if agreed in writing.  For example, our hourly rates typically start at £230 (correct at September 2026). Hourly rates increase based on the seniority of the attorney or paralegal, and are reviewed annually.

16.2. Our charges are calculated at the rates which are current when the work is carried out. Current rates may be provided upon request.  If our charges are likely to materially exceed any provided estimate, we will seek your permission before proceeding.

16.3 If you are an associate instructing us on behalf of your client, you will be liable for payment of any professional fees, outlays and disbursements incurred by us within the agreed payment term regardless of whether your client has made payment to you for such fees.

16.4 In the event of you requiring our professional advice on strategical matters (including, for example, the provision of our advice on foreign filing strategies and costs) which you then decide not to proceed with,  we reserve the right to charge for our time spent on providing you with our advice notwithstanding your decision to not proceed with such work. This ensures that we are able to provide you with detailed and considered advice on the appropriate options available in your circumstances at all times.

16.5 Where we are listed as your professional representatives at the relevant Intellectual Property Office or Court in respect of any Intellectual Property right we will be responsible for reporting any official communications sent to us by that Intellectual Property Office or Court to you and for acting for you generally.  Any professional or administrative time spent reviewing such communications and advising you thereon will be chargeable.  Where we are commissioned by you to instruct foreign associates to record themselves as your professional representatives at any foreign Intellectual Property Office or Court in respect of any Intellectual Property right they will be responsible for reporting any official communications sent to them by that Intellectual Property Office or Court to you and we will be responsible for reporting the same to you and for acting for you generally.  Any professional or administrative time spent reviewing such communications and advising thereon, including any disbursements or charges incurred in the meeting of any invoices raised by such foreign associates for such action will be chargeable.

16.6 In the event that you no longer wish us to act for or advise you on any matter you must inform us immediately in order that we can cease incurring costs on your behalf.  You will remain liable for any costs incurred up to the time at which you make us aware of this.

16.7 We may require payment on account before undertaking work, particularly where large items such as fees and expenses are to be incurred or where a client is relatively new to us. Otherwise, our invoices are to be paid directly to us in full within the period of the Term stated on our invoices to you.

16.8 When we pay a disbursement or fee on your behalf we may apply a service charge to the disbursement or fee to account for the work involved in doing so. Unless otherwise agreed in writing, we reserve the right to vary this fee from time to time, and details of this fee at any given time are available upon request.

16.9 To provide a level of security against exchange rate fluctuations, where disbursements and fees are in met by us in a different currency than that in which they are invoiced to you, we may apply an exchange rate margin fee. Unless otherwise agreed in writing, we reserve the right to vary this fee from time to time and details of this fee at any given time are available upon request. For example, we will typically apply an exchange rate margin fee range of up to 12.5% on the payment of  official government fees.

16.10 We will inform you in advance of any financial benefits we may receive in connection with third-party charges, including any commissions, rebates, or discounts. We do not accept referral fees.

17. Late Payment

17.1 If any sum due from you to us is not paid by the due date for payment then all sums owing by you to us shall immediately become due and payable. Furthermore, without prejudice to any other right or remedy available to it, Cameron IP shall then be entitled to:

1. a) decline to undertake any further work until arrangements as to payment or credit have been established;
2. b) charge you:

(i) interest calculated on a daily basis on all overdue amounts (both before and after judgment) until actual payment at the rate of eight percent (8%) per annum above the prevailing base Bank of England lending rate from time to time until payment is made in full; and

(ii) the cost of obtaining judgment or payment to include all reasonable professional costs (including legal fees) and other costs of issuing proceedings or otherwise pursuing a debt recovery procedure.

17.2 Any money belonging to our clients we hold on their behalf will be held in trust in specifically designated client accounts. These accounts will not accrue any interest.

17.3 Without prejudice to any other rights or remedies available to Cameron IP, we may, at our discretion and without liability to you, suspend or decline to carry out any further work, including the filing of applications, responding to official communications, attending hearings, instructing third parties or taking any action in relation to deadlines, where:

(a) any invoice has become overdue;

(b) requested funds on account have not been received in cleared funds by the date specified by us;

(c) we reasonably believe that there is a material risk that our fees or disbursements will not be paid; or

(d) we have requested instructions which have not been received in sufficient time to enable us to act.

17.4 Where reasonably practicable, we will endeavour to give you prior notice of any suspension. Cameron IP shall not be liable for any loss, including the loss of intellectual property rights, opportunities or remedies, arising from the suspension or refusal to provide services in accordance with this clause.

18. Data Protection

18.1 By instructing us you consent to our processing of your personal data as necessary in the course of providing our professional services.

18.2 By instructing us you also consent to us transferring your personal data outside of the European Economic Area when necessary in the course of providing our professional services.

18.3 Our processing of your personal data complies with the General Data Protection Regulation EU 2016/679 (GDPR) and the Data Protection Act 2018 (UK GDPR). Please see our separate policy available at www.cameronintellectualproperty.com/privacy for full details on how we process your data.

19. Conflicts of Interest

19.1 Due to the nature of our profession patent and trade mark attorneys may act, simultaneously, for two or more clients who are commercial competitors. Cameron IP will not knowingly act for or against another client in a matter involving an active dispute with you without your written approval and the written approval of the other client; however, you agree that Cameron IP will not be prevented from acting for any of your competitors merely because they are your competitors.

19.2 Appropriate procedures and arrangements exist to ensure that any advice or opinions that you receive from us are wholly independent of, and do not make any use of, knowledge or information confidential to any third party – and Cameron IP will not make use of any information confidential to you to the advantage of any third party.

20. Legal Privilege

20.1 In general, communications between a UK Patent Attorney and his client are privileged under Section 280 of the Copyright, Designs and Patents Act 1988; and communications between a UK Trade Mark Attorney and his client are privileged under Section 87 of the Trade Marks Act 1994. This means that others, including the courts, are not entitled to discover the content of such communications where they concern professional advice. However, you should note that there are some circumstances in which the privileged status of a letter or other document can be lost (for example if it, or its contents, are distributed to persons other than the addressee).

21. Complaints

21.1 We are committed to high standards of client care. If you are dissatisfied with any aspect of our service, you should first raise the matter with the person responsible for your work. If the issue is not resolved to your satisfaction, please request a copy of our written complaints procedure. Our complaints handling procedure involves: (a) submitting your complaint in writing to your primary contact at Cameron IP; (b) our investigation and response within 7 days; (c) internal escalation options if complaint remains unresolved; and (d) external escalation options as outlined in 21.2 below. The full procedure is available upon request.

21.2  If your complaint is not resolved through our internal process, you may refer it to the Legal Ombudsman (www.legalombudsman.org.uk) and the Intellectual Property Regulation Board (IPReg) (www.ipreg.org.uk). You may also be eligible for redress through IPReg’s compensation arrangements, details of which are available on the IPReg website.

22. Termination

22.1 You may terminate our relationship at any time by writing to us. If there are circumstances which prevent us from continuing to act for you, we may terminate the relationship ourselves by giving you reasonable notice. In either case, if the relationship is terminated we will require you to pay our charges and expenses up to and including the date of such termination.

23. Force Majeure and Exclusion of Cameron IP’s Liability

23.1 Your relationship is with Cameron IP, who will have exclusive liability for carrying out the Services and for any negligent act or omission by us in the course of providing those Services. No individual employee or agent of Cameron IP has any personal liability for those Services. An employee or agent of Cameron IP signing in their own name any letter, email or other document in the course of providing Services does not imply they are assuming any personal liability separate to that of the Company. You agree that any claim brought in respect of any matter on which Cameron IP were instructed will be made against Cameron IP and not against any individual employee or agent of the Company.

23.2 You agree that Cameron IP shall have no liability, nor shall we be deemed to be in breach of any duties or obligations owed to you if at any time we are prevented, delayed or hindered in complying with such duties, including but not limited to acting upon your instructions, and/or obligations by reason of any circumstances beyond our reasonable control including, without limitation, war, acts of God, industrial disputes, protests, fire, storm, explosion, national emergencies, acts of terrorism and failure of third party telecommunications and computer systems.

23.3 Nothing in these Terms of Business excludes or limits the liability of Cameron IP for death or personal injury caused by Cameron IP’s negligence, or for fraudulent misrepresentation.

23.4 Except to the extent prohibited by law, Cameron IP shall not be liable to you, whether in contract, delict (including negligence), breach of statutory duty or otherwise, for any:

(a) indirect, special or consequential loss or damage;

(b) loss of profit, revenue, turnover, anticipated savings or business opportunity;

(c) loss of contracts, customers, goodwill or reputation;

(d) loss of production, use, use of data, corruption or loss of data, or interruption to business;

(e) loss arising from delay, including delay in obtaining or enforcing intellectual property rights;

(f) loss arising from the acts or omissions of any third party, including any Intellectual Property Office, court, foreign associate, translator, search provider, annuity service provider or other third-party supplier, except to the extent expressly accepted by Cameron IP in these Terms;

(g) loss arising from any change in legislation, case law, Intellectual Property Office practice or official policy occurring after our advice was given;

(h) loss resulting from inaccurate, incomplete or misleading information or instructions supplied by you or by any person acting on your behalf; or

(i) any punitive, exemplary or multiple damages, to the extent recoverable under the applicable law.

The exclusions in this clause shall apply regardless of whether Cameron IP was advised, or ought reasonably to have been aware, of the possibility of such losses arising.

23.5 Cameron IP maintains professional indemnity and related insurance cover at a level which is commensurate with its size and standing.  Details of our insurance arrangements are available upon request.  Details of potential compensation schemes are available at https://ipreg.org.uk/sites/default/files/2024-08/guidance-to-claims-on-compensation-fund-may-2024.pdf.

23.6 Nothing in these Terms will limit the liability that Cameron IP have to you in respect of any loss caused by our fraud, fraudulent misrepresentation or reckless disregard of our professional obligations or in any other situation where the law prohibits us from excluding or limiting our liability to you, including in respect of any death or personal injury resulting from Cameron IP’s negligence.

23.7 Unless otherwise agreed in writing, our aggregate liability to you is capped at £1,000,000. This cap will apply to our aggregate liability to you and to all other persons on any basis (including, for example, contract or negligence) for all losses arising from or in connection with our services in relation to the relevant matter.

23.8 To mirror the terms of our insurance cover, where we prepare standard or template documents for you, all claims arising from one act, error or omission or one series of related acts, errors or omissions will be regarded as one claim.

23.9 Cameron IP shall not be liable for any indirect or consequential loss, including any loss of business, profits or of opportunity.

23.10 We maintain professional indemnity insurance (PII). Our regulator IPReg, expect that “PII is in place that is commensurate with the risks presented by our business and which meets IPReg’s current Minimum Terms and Conditions”. As a matter of good practice, and provided cover is available in the insurance market, our level of cover will be not less than £1million. We review the sum insured periodically for perceived adequacy given the size and nature of our business and given the levels of cover and premiums available from time to time in the insurance market. The sum insured is Cameron IP’s sole responsibility and Cameron IP shall have no additional liability regarding its adequacy. Details of our insurers are available on request.

23.11 Where we work for more than one client on a matter, the limit in Section 23.6 applies to our total liability to all of them.

23.12 If other parties are also responsible for your loss, our liability will be limited to such proportion of that loss as is fairly and reasonably attributable to our fault, whether or not you are able to recover the remainder of the proportion from the other parties.

24. Entire Agreement

24.1 These Terms of Business, together with any engagement letter, fee estimate or other written document expressly incorporated by reference, constitute the entire agreement between you and Cameron IP in relation to the Services.

24.2 You acknowledge that, in entering into this agreement, you have not relied upon any representation, statement, assurance or warranty (whether made innocently or negligently) that is not expressly set out in these Terms of Business or in any written engagement letter issued by Cameron IP.

24.3 Nothing in this clause shall exclude or limit any liability for fraud or fraudulent misrepresentation.

25. Governing Law and Jurisdiction

25.1 These Terms of Business and any dispute or claim (including any non-contractual dispute or claim) arising out of or in connection with them or the Services shall be governed by and construed in accordance with the law of Scotland.

25.2 The parties submit to the non-exclusive jurisdiction of the Scottish courts.

25.3 Nothing in this clause shall limit the right of Cameron IP to commence proceedings against you in any court of competent jurisdiction, including any court having jurisdiction where you are incorporated, resident, carry on business or hold assets, nor shall the commencement of proceedings in one jurisdiction preclude the commencement of proceedings in any other jurisdiction where permitted by law.