LIGWE is a trademark of INCASUD GROUP LTD.

The purpose of our Intellectual Property Policy is to protect intellectual property rights, be those registered or unregistered rights, and to honour the property rights of others in compliance with the Intellectual Property Act 2014.

By entering into agreement with us, whether a contract for employment, supply or services you confirm having read, understood and agreed with our Intellectual Property Policy. Where there is no contract, by using our Intellectual Property whether voluntarily or recklessly or negligently in absence of our valid written License, you agree to become liable to us and subject to financial penalties and compensation fees where applicable.

Intellectual property rights: mean as defined by legislation including all rights, title and interest (whether legal, equitable or otherwise) in and to copyright, rights in databases, patents, trademarks, service marks, design rights, get-up, logos, rights in goodwill, compilations, inventions, know-how, confidential information, trade secrets, trade names, business names and domain names (and including future and contingent rights, rights to claim damages for prior infringement and other accrued rights of action, applications for registration of any of the foregoing and any rights to make such applications) together with any similar rights to which we are lawfully entitled in the UK and as may exist from time to time anywhere in the world. 

Intellectual property rights include copyright in and ownership, to make, have made, sell, possess, use, disclose, reproduce, prepare derivative or similar works based on, distribute, perform and display works, products or the like that incorporate or are based on, in whole or in part of, all documents, drawings, maps, reports, photographic, emails, visual presentations and other records produced by us or improved by us in connection with our work for you.

Additional intellectual property rights: Our intellectual property includes our intellectual property rights as enforceable by legislation and any additional rights derived from title in our branding, branding material, written consents, licenses, inventions and documents, books, manuals, materials, records, correspondence, papers and information (on whatever media and wherever located) relating to our business or our affairs or our customers and business contacts, and from title any equipment, keys, hardware or software we use during the engagement, and from title in any data or documents (including copies) produced, maintained or stored by us on our computer systems or other electronic equipment during the engagement. 

We are entitled to all intellectual property rights in any and all discoveries, inventions or improvement and anything created or developed by our employees or us, our agents or sub-consultants after the effective date of an agreement between the Client and us including improvements and modifications thereto or to existing technology or systems in performing our Services for you (“Work Product”).

We are also be entitled to unregistered rights including without limitation the copyrights; unregistered trademarks; unregistered design rights; and confidential information. Our brand includes but is not limited to our company name, trade name, service marks or logos (trademarks) in any publicity releases, news releases, annual reports, product packaging, signage, stationery, print literature, websites for the purpose of promoting, advertising, marketing or procurement of work and associated activities. Our brand also includes our employees’ name, professional CVs, qualifications, professional nominations or other professional or personal material.

Trademark: Our brand INCASUD is owned by INCASUD GROUP Ltd. We are entitled to restrict the use of our intellectual property by others unless we have given written license to do so. Registered rights include without limitation the patents; trademarks; and registered designs.

Our intellectual property remains at all times our sole property. In exercise of our intellectual property rights we may grant you a license at our sole discretion for the use of some of our intellectual property in exchange for a license fee and for specific period of time.

Branding: All our material bears our company branding and is subject to intellectual property rights. The Client must not use our brand or branded material nor remove our brand from the material unless the Client has secured a prior license from INCASUD GROUP Ltd for a specific use of our intellectual property.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) of INCASUD GROUP Ltd without our express written license. You may not use our trademark(s) without our express written license. For more information about UK copyright law, please visit the UK Intellectual Property Office website. 

You agree (on behalf of the Client business, its associates and its users) not to:

• Remove, suppress or modify in any way any of our proprietary markings including any trademark or copyright notice, nor to use our branding without our prior written license;
• Re-sell, re-market, copy, duplicate or in any way reproduce, distribute or disclose any portion of the Documentation, nor knowingly to permit the same to a third party other than in accordance with the purpose of the agreement and unless consented in writing by us.

The intellectual property rights in the Client’s title which existed before an agreement of Services with us will enter our intellectual property rights if that intellectual property was substantially modified as result of our Services.

Commercially sensitive information: Our intellectual property includes branding. Some of our branding contains commercially sensitive information protected by commercial law and personal data protected under the General Data Protection Regulations. 

In compliance with The Competition Act 1998 and the Enterprise Act 2002 and Data Protection Act 1998, our price list, services, methodology, CVs, terms and conditions, service and fee proposal agreement and other intellectual property are carefully monitored by us. We use a license system to aid compliance.

You should not use nor disclose our intellectual property to third parties without our valid written license. You should not disclose our commercially sensitive information to our competitors or parties that is or likely to be prejudicial to our business or our staff or may affect their rights.

Intellectual property, branding and license

A License to use our Intellectual Property (the License) is a valid written consent to use a specific material or commercially sensitive information. It must identify the License code, the specific project name, start and end dates of the License, use or purpose for the given consent and must be agreed by our Managing Director.

The License automatically expires on the date the last invoice (or timesheet) was submitted by us to the Client or the provision of services concluded whichever the sooner. From this date, you must ensure making arrangements and stopping the use of the expired License that may be contained within documents and your business dealings.

Penalties and compensation-fees: By using our Intellectual Property including but not limited to our business name, staff CV or professional accreditations whether voluntarily or recklessly or negligently in absence of our valid written License, you agree to become liable to us.

We automatically make a non-rebuttable presumption that you obtained a benefit, expressly or impliedly, and we are not required to demonstrate any further. Where you submitted, named or used in any way our Intellectual Property including our branding or tendering material, we are entitled to enforce a penalty-fee per project or commission payable by you to us, without prejudice of any financial compensation we are entitled to when you breach the statutes that protect our rights. Penalty fees are as follow:

• A thousand (£1,000) pounds in compensation-fee even if you received no income; or
• Twenty-five (£25,000) pounds in compensation-fee where you received or are expecting any level of income.

We are entitled to a financial disclosure of your business income and documentation to determine other benefits obtained when using our Intellectual Property whether voluntarily or recklessly in absence of our valid written License.

In addition to payment of penalty and compensation-fees, you must ensure making arrangements to stop the use of our Intellectual Property contained within documents and your business dealings in absence of our valid written License.

Governance: Our Managing Director is responsible for defining our Intellectual Property Policy on all our services and project(s). We will exercise the Intellectual Property Policy through adequate provision of resources and through regular consultation with employees to exchange current, relevant information on this subject.

Employees, suppliers and Clients working directly or indirectly within our services or project(s) must work collaboratively to support this Intellectual Property Policy Statement. This Policy will be reviewed annually or more frequently in response to legislative changes and/or other significant triggers. The Policy will be communicated to our team members and all organisations working directly for us or through us.

The Managing Director

01.05.2023