FIDIC Intellectual Property, Copyright and Trademark Policy

 

FIDIC Intellectual Property, Copyright and Trademark Policy 

 

FIDIC Trademark 

FIDIC is the registered owner of the trademark – word “FIDIC” and corresponding logo.  

The word "FIDIC" and its logo used in conjunction with FIDIC product and services is trademarked in many countries. 
 
Unauthorised use of the word "FIDIC" or its logo to designate a product or service is therefore illegal and in breach of trademark legislation. 


Use of the FIDIC logo 

FIDIC reserves all rights of ownership to designs owned and used by FIDIC (collectively referred to as "logos"). 

 

Unauthorised use of FIDIC logos to designate a product or service is therefore illegal and in breach of trademark legislation. 

 

FIDIC Member Associations, Affiliate Members and Sustaining Members and firms and organizations belonging to FIDIC national Member Associations are encouraged to use the FIDIC logo under certain conditions. The fact that permission or a license is granted does not imply that FIDIC relinquishes its rights. 

 

Organizations and all individuals must receive FIDIC's authorisation in writing in order to reproduce and use the FIDIC logo unless this is otherwise expressly granted by FIDIC. 
   
FIDIC reserves the right in its sole discretion to terminate or modify permission to display the logo, and may request modification or deletion of any use of the logo that, in FIDIC's sole judgment, does not comply with guidelines, or might otherwise impair FIDIC's rights. 

 

Web sites 

Unless otherwise specified, the services and information provided on the FIDIC website are for personal and non-commercial use. Users may not otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information obtained from the site. 
 
By accessing, browsing and/or using the FIDIC web site, a user acknowledges that he or she has read, understood, and agreed to be bound by the FIDIC website terms and conditions and other terms or policies referenced thereunder. 


Copyright Notice 

Copyright © 2021 FIDIC, World Trade Center II, 29 route de Prés-Bois, Geneva Airport, CH-1215Geneva, Switzerland. All rights reserved. 

FIDIC is the only Copyright owner of FIDIC publications, which are protected by the Berne Convention for the Protection of Literary and Artistic Works, international conventions such as TRIPS and the WIPO copyright treaty and national intellectual property laws. No part of a FIDIC publication can be reproduced, translated, adapted, stored in a retrieval system or communicated, in any form or by any means, mechanical, electronic, magnetic, photocopying, recording or otherwise, without prior permission in writing from FIDIC Case 311, CH-1215 Geneva 15, Switzerland; e-mail: [email protected] The version in English is considered by FIDIC as the official and authentic text for the purposes of translation. 

FIDIC discourages modification of the information and services it supplies, and only in exceptional circumstances will it authorise modification, reproduction or incorporation elsewhere. 
 

Intellectual Property Policy 

 FIDIC's policy is to ensure that authors' rights to FIDIC published information belong to FIDIC irrespective of its source. Where FIDIC volunteers or FIDIC Staff contribute to the creation of any FIDIC documents, the Intellectual Property (IP) rights are deemed transferred to FIDIC on creation. 

 

Translations 

 FIDIC may agree to let other parties (normally, a Member Association) to make translations and publish the translated publication under certain conditions. 

Translating FIDIC publications or publishing such translations without FIDIC’s duly obtained agreement is illicit and may be sanctioned. The general principles under which FIDIC may grant such agreements and which should be used when interpreting any license given, are set out in guidance notes available from the FIDIC Secretariat. 

FIDIC will not make any engagement or take on any liability for translations, including for completeness or correctness or adequacy for any purpose. Any such engagement or liability will only be for the account of the translator or the publisher of the translated document. 


FIDIC Copyright and Terms of Use of FIDIC Documents 

The widespread dissemination, acceptance and use of FIDIC publications and their translations are important means for accomplishing FIDIC’s mission and are therefore actively promoted by FIDIC. The sale of FIDIC publications and their translations is an important source of revenue for FIDIC and its Member Associations. It creates resources for providing a wide range of services meeting the business needs of member firms. All steps, starting with the initial drafting of publications, often require considerable effort and expense. 


FIDIC regularly updates and reissues publications so that users can profit from the state-of-the-art. By supplying publications, FIDIC does not grant any intellectual property rights. The purchase or supply of a FIDIC publication, including forms for completion by a purchaser or authorised user, does not confer author’s rights under any circumstances. 

Users rely on the contents of FIDIC publications, especially FIDIC contracts and agreements, for important business transactions. The use of authentic publications is therefore essential for safeguarding their interests. FIDIC discourages modification of its publications, and only in exceptional circumstances will it authorise modification, reproduction or incorporation elsewhere. 


Permission to quote from, incorporate, reproduce or copy all or part of a FIDIC publication should be addressed to the FIDIC Secretariat, which will decide upon appropriate terms. 


A license to prepare a modified or adapted publication will be agreed to under certain conditions. Specifically, the modified or adapted publication must be for internal purposes, and not be published or distributed commercially. 

In the case of FIDIC contracts and agreements, FIDIC aims to provide balanced and equitable conditions of contract by ensuring the integrity of its publications. A purchaser or authorized user of FIDIC publication, either in electronic or hard copy format, are requested to comply with the Terms of Use of the purchased document. Depending on the FIDIC Document purchased, below Terms of Use applies. 

By supplying publications, FIDIC does not grant any intellectual property rights. The purchase or supply of a FIDIC publication, including forms for completion by a purchaser or authorised user, does not confer author’s rights under any circumstances. 


Terms of Use of Electronic Products: 

1.       Terms of Use of Practitioner Version of Electronic Product 

A purchaser of an electronic copy of the Practitioner Version, is provided with the encrypted PDF file of the General Conditions and the editable word files of the example form of Particular Conditions/Special Provisions and other forms for completion for single or multiple users. The content of this product varies depending on the FIDIC Contract or agreement purchased. 

By purchasing Practitioner Version of the electronic product, each user is granted a one-year license to download the electronic documents on one machine and use the documents in accordance with these Terms of Use during the term of the license. Therefore, access rights to electronic encrypted PDF file of the General Conditions is granted for one year. Encrypted PDF file of the general conditions can be printed by each user for up to 10 times for one year license period. While access rights to editable word files are not restricted, a purchaser or an authorised user is only allowed to make use of editable word files for one year period, during the access right period to the PDF encrypted file of the General Conditions. 


  1. Use of encrypted PDF file of the FIDIC General Conditions: 

A purchaser or authorized user of a Practitioner Version of electronic product is granted the right to: 

(a)    Incorporate General Conditions in other documents either by reference, using the text provided in the FIDIC Publication for that purpose, or as a printed document printed from an electronic encrypted PDF file supplied by FIDIC for this purpose when the purchase is made. This excludes any modification of the FIDIC General Conditions in text of the document or incorporation of the General Conditions in other documents in the electronic format. These printed versions of the General Conditions can be included in proposals, tender documents, contracts and other formal documents provided these documents are for use by the purchaser or an user authorised by the purchaser, for a specific contract. The right to draw up and distribute Particular Conditions/Special Conditions specific to the project and to complete and distribute other forms included in the FIDIC Publication are expressly given under section 1.2. “Use of editable word files of Particular Conditions/Special Conditions and other forms”. 

  

  1. Use of editable word files of Particular Conditions/Special Conditions and other forms 

A purchaser or authorized user of a Practitioner Version of electronic product is granted the right to: 

(b)    complete and distribute internally and/or among partners Particular Conditions/Special Conditions or any other forms supplied by FIDIC for this purpose, in both printed and electronic formats, provided for completion by a purchaser or a user authorised by a purchaser when the purchase is made. These documents can be included in proposals, contracts, tender documents and other formal documents either in printed version or electronically, provided these documents are for use by a purchaser or a user authorised by the purchaser for a specific contract during the one year term of the license when the access right to the PDF encrypted file of the General Conditions is granted. 

FIDIC does not license more rights than are expressly mentioned above. 

The purchaser is responsible to ensure the lawful use of the FIDIC documents by the third party to whom the document has been lawfully delivered. The third party is not allowed to use the FIDIC documents and to modify or complete them for other purposes. 

No part of the FIDIC documents can be copied, reproduced, published or distributed commercially. 


2.       Terms of Use of Educational Version of Electronic Product 

 2.1. A purchaser of an Educational Version of electronic product is provided with the encrypted PDF file of the relevant FIDIC Publication for single or multiple users. This product is for a personal and private use. This product does not contain any editable files. The access is granted for one year term. It cannot be printed. 

By purchasing an Educational Version of electronic product, each user is granted a one-year license to download and access the electronic document on one machine during the term of the license for a private and personal use only. 

No part of the document may be printed, shared, reproduced, distributed, translated, adapted, copied, quoted, transferred, presented, broadcasted, retransmitted, stored in a retrieval system or communicated, in any form or by any means, mechanical, electronic, magnetic, photocopying, recording or otherwise. 

FIDIC does not license more rights than are expressly mentioned above. 


Terms of Use of Hard Copy Documents 

Purchasers of Hard Copy Documents are required to comply with the copyright policy and Terms of Use included in each publication. 


Disclaimer 

While FIDIC aims to ensure that its publications represent the best in business practice, the Federation accepts or assumes no liability or responsibility for any events or the consequences thereof that derive from the use of its publications. FIDIC publications are provided “as is”, without warranty of any kind, either express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose and non-infringement. FIDIC publications are not exhaustive and are only intended to provide general guidance. They should not be relied upon in a specific situation or issue. Expert legal advice should be obtained whenever appropriate, and particularly before entering into or terminating a contract. 

FIDIC also assumes no liability regarding the accuracy of the information that is provided and use of such information is at the recipient's own risk. Under no circumstances shall FIDIC be liable for any loss, damage, liability or expense incurred or suffered that is claimed to have resulted from the use of FIDIC-supplied information. 

FIDIC considers the original, English, version of its Publications as the authentic version and assumes no liability whatsoever for the completeness, correctness, adequacy or otherwise of the translated FIDIC Documents for any use to which the translated documents may be put. 


Indemnity  

A purchaser or authorised user of FIDIC Documents shall indemnify, defend and hold FIDIC harmless, against any third-party claim, suit, action, or proceedings howsoever arising, directly or indirectly, brought against FIDIC (and against its officers, directors, employees, agents, service providers, licensors, and affiliates) based upon or arising out of their use of FIDIC Documents. A purchaser or authorised user of FIDIC Documents shall indemnify FIDIC for any and all costs, damages, settlements, liabilities, losses, and expenses (including, but not limited to, reasonable attorneys' fees and court costs) of any kind whatsoever to the extent arising out of any action by a third party in connection with their use of FIDIC Documents. 

Last updated: 16 July 2021