Terms of Use

English translation for reference. This translation is provided for the convenience of non-Korean readers. The Korean original is the binding text; in the event of any discrepancy in interpretation, the Korean version prevails.

Article 1 (Purpose)

These Terms govern the rights, obligations and responsibilities between HOTWIDE (www.hotwide.com, www.iphuman.com), its users and its applicants in relation to the information and services HOTWIDE provides.

Article 2 (Definitions)

① "Intellectual property right" means a right granted by the Korean Intellectual Property Office, or by the corresponding authority of another country, conferring exclusive use, benefit and disposal over an application (patent, utility model, trademark, design or copyright).

② "Registered intellectual property right" means an intellectual property right that has proceeded to registration.

③ "HOTWIDE" means the provider of the commercialisation consulting, intellectual property searching, filing, registration and consulting services offered through the websites www.hotwide.com and www.iphuman.com.

④ "User" means a person who accesses those websites and uses the information and services HOTWIDE provides.

⑤ "Applicant" means a person who has entered into an agreement with HOTWIDE for representation in filing an intellectual property right under these Terms.

⑥ "Fees" means the patent attorney fees and consulting fees payable for the work HOTWIDE carries out as representative.

⑦ "Official fees" means amounts payable to the Korean Intellectual Property Office, such as filing fees.

⑧ "Services" means the work relating to commercialisation and to the registration of intellectual property rights that HOTWIDE provides through its websites.

Article 3 (Publication and Amendment of these Terms)

① HOTWIDE publishes these Terms on its websites so that applicants can review them.

② HOTWIDE may amend these Terms to the extent that the amendment does not contravene applicable law, including the Act on the Regulation of Terms and Conditions, the Framework Act on Electronic Documents and Transactions, the Digital Signature Act, the Act on Promotion of Information and Communications Network Utilisation, the Door-to-Door Sales Act and the Framework Act on Consumers.

③ Where these Terms are amended, HOTWIDE announces the effective date and the reasons for the amendment on the front page of the site from seven days before the effective date until the day preceding it.

④ An amendment applies also to users who registered before it took effect, unless the amended content contravenes applicable law.

⑤ Matters not provided for in these Terms, and the interpretation of these Terms, follow applicable law and commercial practice.

Article 4 (Provision of Services)

HOTWIDE provides users with intellectual property searching, filing and registration representation, commercialisation consulting, and related information services.

Article 5 (Formation of the Agreement)

An agreement is formed when the user applies for a service in the manner set out on the site and HOTWIDE accepts that application.

Article 6 (Fees)

Fees consist of official fees payable to the Korean Intellectual Property Office and attorney fees payable to HOTWIDE. Applicable amounts are advised before work commences.

Article 7 (Refund of Fees)

Where an applicant withdraws before work has commenced, the fees paid are refunded. Where work has already commenced, the portion corresponding to work performed may be deducted.

Article 8 (Suspension of Services)

HOTWIDE may suspend all or part of the Services in the event of maintenance, replacement or failure of information and communications equipment, an interruption of communications, or other operational necessity.

Article 9 (Protection of Personal Information)

HOTWIDE protects the personal information of users in accordance with applicable law. The details are set out in the Privacy Policy published on the site.

Article 10 (Obligations of HOTWIDE)

HOTWIDE does not engage in any act prohibited by law or by these Terms or contrary to public order and morals, and endeavours to provide the Services continuously and reliably.

Article 11 (Obligations of the User)

The user must not register false information, appropriate another person's information, alter information posted by HOTWIDE, transmit or post information other than that designated by HOTWIDE, infringe the intellectual property rights of HOTWIDE or a third party, damage the reputation of or obstruct the business of HOTWIDE or a third party, or disclose or post on the site any obscene or violent material or other material contrary to public order and morals.

Article 12 (Deletion of Public Postings)

HOTWIDE may delete a public posting without prior notice where it defames another person, is for commercial advertising purposes, is unrelated to the nature of the posting board, or otherwise contravenes applicable law.

Article 13 (Representation in Filing Intellectual Property Rights)

HOTWIDE acts as representative for the filing of intellectual property rights on behalf of the applicant, and performs the procedures required by the Korean Intellectual Property Office.

Article 14 (Success Fees and Disclaimer as to Third-Party Rights)

HOTWIDE does not guarantee registration of a filed intellectual property right, and does not warrant that the applicant's implementation does not infringe the intellectual property rights of a third party. A separate review is required for that purpose.

Article 15 (Application Procedure for Representation)

The applicant applies for representation by completing the form provided on the site, and representation commences once HOTWIDE has confirmed the materials and the fees.

Article 16 (Unit of Application for Representation)

An application for representation is made per intellectual property right. Where multiple rights are involved, an application is made for each.

Article 17 (Restrictions on Applications for Representation)

HOTWIDE may decline an application for representation where a conflict of interest exists, where the subject matter contravenes applicable law, or where materials necessary for the work have not been supplied.

Article 18 (Effect of these Terms)

These Terms take effect for all users from the date on which they are published on the site.

Article 19 (Application for Representation)

An application is deemed complete when the applicant has entered the required information and HOTWIDE has confirmed it. Any deficiency in the entered information is the responsibility of the applicant.

Article 20 (Cancellation of an Application)

An applicant may cancel before the filing is made with the Korean Intellectual Property Office. Cancellation is not possible once the filing has been made.

Article 21 (Protection of Personal Information)

① HOTWIDE collects the following information from an applicant for the purposes of representation: name (or company name), address, email address, telephone number, business registration number (for corporate applicants), corporate or organisation registration number (for corporate applicants), and applicant code.

② Information provided may not be used for any purpose other than that for which it was collected, nor provided to a third party, without the applicant's consent, and HOTWIDE bears full responsibility in this regard. The following are exceptions:

1. Where the minimum applicant information required for filing with the Korean Intellectual Property Office is disclosed in the course of representation.

2. Where information is provided in a form that does not identify a specific individual, for the purposes of statistics, academic research or market research.

③ All other matters relating to personal information are governed by the Privacy Policy published on the site.

Article 22 (Ownership of Copyright and Restrictions on Use)

① Copyright and other intellectual property rights in works created by HOTWIDE belong to HOTWIDE.

② An applicant must not reproduce, transmit, publish, distribute, broadcast or otherwise use for commercial purposes information obtained through the HOTWIDE site, nor allow a third party to do so, without prior consent.

Article 23 (Compensation for Errors)

Where an application is not filed because of fault on the part of HOTWIDE and the applicant is thereby unable to obtain a patent, compensation is assessed against the responsibility of each party, up to a maximum of twice the representation fee paid by the applicant.

Article 24 (Maintaining an Email Connection)

HOTWIDE posts progress on its website and additionally reports progress to the applicant by email. The applicant should therefore keep the email address given at the time of application current.

Article 25 (Governing Law and Jurisdiction)

Legal matters not addressed in these Terms are governed by the laws of the Republic of Korea. Any dispute arising in connection with the operation of these Terms is interpreted under domestic or international law, and the court having jurisdiction over the location of HOTWIDE's head office has jurisdiction.