1. Introduction and company data

The present is constituted as the Legal Notice that regulates the access, navigation and use of the website located at the URL https://www.coapi.org, responsibility of COLEGIO OFICIAL DE AGENTES DE LA PROPIEDAD INDUSTRIAL (hereinafter COAPI), with registered office at Calle Montera, 13, Madrid (28013) and CIF Q2870014D.

To communicate directly and effectively with COAPI, please contact us at coapi@coapi.org.

In the current fiscal year, the Official Association of Industrial Property Agents reports that it has not carried out administrative management acts with economic or budgetary impact subject to the duty of active disclosure, pursuant to Article 8 (“Economic, budgetary and statistical information”) of Law 19/2013, of December 9, on transparency, access to public information and good governance.

  1. Purpose and scope of application

2.1. The Website has been set up by COAPI to provide information about the Official Association of Industrial Property Agents (COAPI), its activities, services, and news relevant to Industrial Property Agents in Spain.

2.2. The access, navigation and use of the Web Site implies and supposes the acceptance by the user of this Legal Notice.

In this sense, User shall be understood as the person who accesses, browses, uses or participates in the services and activities, free or onerous, developed on the Website.

2.3. The purpose of this Legal Notice is to regulate access, browsing and use of the Website, but independently thereof, COAPI may establish specific conditions regulating the use of specific services offered to Users through the Website.

  1. ACCESS

3.1. Access to the Web Site by Users is free of charge.

However, in the event that services and/or contents offered by COAPI are made available through the Website, which are subject to prior reservation and/or contracting of the service and/or content and payment of an amount of money, the provisions of the corresponding Particular Conditions shall apply, which shall be made available to the User in a prior, easily accessible and clear manner.

3.2. Access to certain sections of the Web Site may require identification as a registered Industrial Property Agent. Membership is considered a measure that contributes to a loyal, honest, transparent and respectful practice of the rules and customs of the profession of Industrial Property Agent.

The process includes providing truthful, updated and complete personal and professional data, committing the user to maintain this information. You must choose a user name and password, being responsible for maintaining their confidentiality and notifying any unauthorized use. It is not permitted to use another member’s account without permission or to transfer the account to a third party without the consent of the College. The College reserves the right to reject registrations or cancel accounts without justification. The registration must comply with the requirements of the College.

3.3. Access to the Web Site by minors is prohibited.

  1. MEMBERSHIP FEES

The acquisition of membership and access to certain COAPI services may require the payment of fees established by the Association and subject to periodic review. Members are obliged to pay these fees according to the terms and conditions determined, being a requirement to maintain their membership status and access to services. Various accepted methods of payment will be provided, such as bank transfer or credit card payment, and members must ensure the accuracy of the data provided. The College will issue receipts or invoices upon payment, which should be reviewed by the members and report any errors. Failure to pay may result in suspension of services and disciplinary action in accordance with the College’s bylaws. It reserves the right to modify dues, communicating the changes in advance, and may establish exemptions or bonuses under approved criteria in accordance with the Bylaws.

  1. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.

5.1. COAPI is the owner or has obtained the corresponding license over the intellectual and industrial property exploitation rights of the Website, as well as the intellectual and industrial property rights over the contents, services and products available through it.

Under no circumstances shall it be understood that the User’s access and browsing of the Website or the acquisition of COAPI products offered through the Website implies a waiver, transmission, license or total or partial transfer of said rights by COAPI.

5.2. Consequently, it is forbidden to remove, evade or manipulate the copyright notice and any other data identifying COAPI’s rights or those of its owners included in the contents and products, as well as the technical protection devices, digital fingerprints, watermarks or any information and/or identification mechanisms that may be contained therein.

5.3. All intellectual and industrial property rights are reserved and, in particular, it is forbidden to modify, copy, reuse, exploit, reproduce, transform, publicly communicate, make second or subsequent publications, upload files, send by mail, transmit, use, process or distribute in any way all or part of the contents and products included in the Website for public or commercial purposes, without the express written authorization of COAPI or, as the case may be, of the holder of the corresponding rights.

  1. USE OF THE SITE

6.1. The contents included in the Website are provided to persons browsing the Website and to persons interested in COAPI’s contents and services. Any unauthorized commercial use thereof is prohibited, except with prior written authorization from COAPI.

6.2. Therefore, the User agrees to use the contents in a diligent, correct and lawful manner and, in particular, undertakes to refrain from:

  • Use the contents for purposes or effects contrary to law, morality and generally accepted good customs or public order.
  • Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless authorized by the holder of the corresponding rights or it is legally permitted.
  • Use the contents and, in particular, information of any kind obtained through the Web Site or services to send advertising, communications for direct marketing purposes or any other commercial purpose, unsolicited messages addressed to a number of people regardless of their purpose, as well as to market or disclose in any way such information.

If the User becomes aware of the existence of any illicit or illegal content, contrary to the law or that could imply an infringement of intellectual and/or industrial property rights, he/she shall immediately notify COAPI so that it may proceed to the adoption of the appropriate measures.

  1. COMMUNICATIONS LICENSE

7.1. In the event that the User sends information of any kind to COAPI through the Website, through the channels provided for such purpose on the page itself, the User declares, guarantees and accepts that he/she has the right to do so freely, that such information does not infringe any intellectual property, trademark, patent, trade secret or any other third party right, that such information is not confidential and that such information is not harmful to third parties.

7.2. The User acknowledges assuming responsibility and shall hold harmless COAPI for any communication provided personally or on behalf of the User, such responsibility covering without restriction the accuracy, legality, originality and ownership thereof.

  1. RESPONSIBILITIES AND WARRANTIES.

8.1. COAPI cannot guarantee the reliability, usefulness or veracity of the services or information provided through the Website, nor the usefulness or veracity of the documentation of the events that may be acquired through the Website, prepared by professionals from very different sectors.

Consequently, COAPI does not guarantee and is not responsible for: (i) the continuity of the contents of the Web Site; (ii) the absence of errors in such content or products; (iii) the absence of viruses and/or other harmful components on the Web Site or on the server that provides it; (iv) the invulnerability of the Web Site and/or the impregnability of the security measures adopted therein; (v) the lack of usefulness or performance of the contents and products of the Web Site; (vi) any damage or harm caused, to themselves or to a third party, by any person who infringes the conditions, rules and instructions established by COAPI on the Website or through the violation of the Website’s security systems.

Nevertheless, COAPI declares that it has adopted all necessary measures, within its possibilities and the state of technology, to guarantee the operation of the Website and to avoid the existence and transmission of viruses and other harmful components to Users.

8.2. COAPI shall not be liable, in cases where third parties advertise their services or products on the Website, for the veracity of the information provided by the supplier on such services or products, for the management and delivery of orders to Users, for obtaining the administrative authorizations that may be required from the supplier for the provision of its services, for the infringement by the supplier of third party rights and, in general, for any obligation or guarantee required from the supplier vis-à-vis Users.

  1. LINKS.

9.1 Links to other websites

In the event that the User may find links to other Web pages on the Website by means of different buttons, links, banners, etc., these would be managed by third parties. COAPI has neither the power nor the human or technical means to know, control or approve all the information, contents, products or services provided by other websites to which links may be established from the Website.

Consequently, COAPI may not assume any type of responsibility for any aspect related to the web page to which a link may be established from the Website, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.

In this regard, should Users have actual knowledge of the unlawfulness of activities carried out through these third-party websites, they shall immediately notify COAPI so that the access link to the same may be disabled.

The establishment of any type of link from the Website to another website shall not imply any type of relationship, collaboration or dependence between COAPI and the party responsible for the external website.

9.2 Links on other web pages to the Web Site

If any User, entity or web site wishes to establish any type of link to the Web Site, it must abide by the following stipulations:

The link may only be directed to the main page or home page of the Website, unless expressly authorized in writing by COAPI.

  • The link must be absolute and complete, i.e. it must lead the User, by means of a click, to the URL address of the Website itself and must completely cover the entire extension of the screen of the Website’s home page. Under no circumstances, unless expressly authorized in writing by COAPI, the website that makes the link may reproduce, in any way, the Website, include it as part of its website or within one of its frames or create a browser on any of the pages of the Website.
  • The page establishing the link may not state in any way that COAPI has authorized such link, unless COAPI has done so expressly and in writing. If the entity that makes the link from its page to the Web Site correctly wishes to include in its web page the brand, denomination, commercial name, label, logo, slogan or any other type of identifying element of COAPI and/or the Web Site, it must previously have its express authorization in writing.
  • COAPI does not authorize the establishment of a link to the Website from those web pages that contain materials, information or contents that are illicit, illegal, degrading, obscene, and in general, that contravene morality, public order or generally accepted social norms.

COAPI has neither the power nor the human and technical means to know, control or approve all the information, contents, products or services provided by other websites that have established links to the Website. COAPI assumes no liability whatsoever for any aspect related to the website that establishes such link to the Website, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.

  1. DURATION AND MODIFICATION

10.1. COAPI may modify the terms and conditions stipulated herein, in whole or in part, by publishing any change in the same form in which this Legal Notice appears or through any type of communication addressed to Users.

10.2. The temporary validity of this Legal Notice coincides, therefore, with the time of its exposure, until it is totally or partially modified, at which time the modified Legal Notice will become effective.

10.3. Regardless of the provisions of the specific conditions, COAPI may terminate, suspend or interrupt, at any time without prior notice, access to the contents of the Website, without the User being able to claim any compensation whatsoever. After such termination, the prohibitions on the use of the contents set forth in this Legal Notice shall remain in force.

  1. GENERAL

11.1. The headings of the various clauses are for information purposes only, and shall not affect, qualify or expand the interpretation of this Legal Notice.

11.2. In the event of any discrepancy between the provisions of this Legal Notice and the particular conditions of each specific service, the provisions of the latter shall prevail.

11.3. In the event that any provision or provisions of this Legal Notice shall be held invalid or unenforceable, in whole or in part, by any Court, Tribunal or competent administrative body, such invalidity or unenforceability shall not affect the other provisions of this Legal Notice.

11.4. COAPI’s failure to exercise or enforce any right or provision contained in this Legal Notice shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by COAPI.

  1. JURISDICTION.

The relations established between COAPI and the User shall be governed by the provisions of the regulations in force regarding applicable legislation and competent jurisdiction. Notwithstanding the foregoing, in those cases in which the regulations foresee the possibility for the parties to submit to a jurisdiction, COAPI and the User, expressly waiving any other jurisdiction that may correspond to them, shall submit any controversy and/or litigation to the Courts and Tribunals of the city of Madrid.