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THE INSTITUTE OF INTERNATIONAL LICENSING PRACTITIONERS |
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Memorandum and Articles of Association
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CODE OF CONDUCT
Applicable to all Fellows & Associate Members 1.
GENERAL REQUIREMENTS The Institute requires all Fellows and Associates (Members) to recognise their responsibilities to their clients, their colleagues and to the public and to adhere to the following Code of Conduct. Members are answerable to the Executive Committee for any conduct which, in the opinion of the Committee, is in breach of this Code and the Committee is empowered under the rules of the Institute to take disciplinary action. 2.
PROFESSIONAL CONDUCT 2.1
Members shall at all times conduct themselves with integrity in their
business relations, having due regard to maintaining the high reputation of
the Institute and the licensing profession in general. 2.2
Members may act for and accept fees from the Licensor or the Licensee,
but never from both in respect of any one project. 2.3
Members who have a personal interest in any client’s project shall
report that interest to the client. 2.4
Members shall take all reasonable steps to avoid disclosure to others
of confidential information concerning a client’s affairs except where
required by statute. 2.5
Members shall seek to ensure that they and their staff maintain
appropriate levels of competence for the work that they undertake.
Members are advised to inform their clients, however, before
engagement, that they give no warranty, guarantee or other undertaking as to
the accuracy of any estimate, forecast or prediction made and that such are
statements of opinion given in good faith and through the exercise of
reasonable diligence in the context of the engagement agreed between the
member and his client. 2.6
Members shall not knowingly, recklessly or maliciously injure the
professional reputation or practice of another member of the Institute. 2.7
No Member shall seek to obtain business in a manner which is
unprofessional or damaging to the licensing profession. 2.8
No Member shall make statements on behalf of the Institute unless so
authorised by the Executive Committee. 2.9
Prospective clients shall be clearly informed as to Members’ fees and
charges and these should be notified in writing before work commences. 2.10
If a conflict of interest arises between two or more of a Member’s
clients or prospective clients, then they shall be so informed and the Member
should make every endeavour to resolve such conflict.
In the extreme, the Member may have to terminate or refuse to accept
one or other or both assignments. 2.11
If, during the course of a project, a Member comes to the conclusion
that the project is not viable, or that it is not in his client’s best
interests to continue, then he shall immediately so inform the client and,
where relevant, request settlement from the client of any fee which may be
owing. 2.12
A Member who knowingly causes or supports action which is inconsistent
with the Code, or is party to such action, shall himself be seemed to be in
breach of it. 3.
FEES 3.1
Members should accept no licensing-in (product search) assignments
without charging fees. It is
permissible to arrive at arrangements which will provide to fees and a share
of the client’s revenue derived from the licence. 3.2
It is permissible for a Member to accept licensing-out assignments on a
fee basis only, a share of client’s licence revenue only, or on a basis of a
combination of these methods. 4.
COMPLAINTS PROCEDURE All
Members shall comply with the complaints procedure from time to time approved
by the Executive Committee. This
procedure provides for a Fellow or Fellows appointed by the Executive
Committee to investigate and, if appropriate, seek to mediate in any dispute
between a Fellow and a client. 5.
ENFORCEMENT If
the Executive Committee of the Institute, having examined an alleged breach of
this Code by a Member, finds that such Member is in breach of the Code, it
shall be empowered to take disciplinary action as it shall deem appropriate. If the Executive Committee decides to expel a Member
from the Institute, it shall be strictly in accordance with the provisions for
termination of membership laid down in Article 15 of the Articles of
Association of the Institute. |