INTELLECTUAL PROPERTY

1. Introduction

This page sets out the conditions applicable to intellectual property relating to the website, identity, content, products, projects and solutions developed or used by Illumus Unipessoal, Lda., hereinafter referred to as “Illumus”.

This page supplements the intellectual property provisions set out in the website Terms and Conditions.

Access to or use of this website does not grant the user any ownership right, licence or authorisation over the content made available on it, unless expressly stated otherwise or permitted by law.

2. Protected Content

The content presented on the website or prepared in the course of Illumus’ activities may be protected, depending on its nature and the applicable legal requirements, by copyright, industrial property rights, trade secret protection, duties of confidentiality or other rights, including:

• texts, descriptions and editorial content;
• photographs and videos;
• renders, computer-generated images and visual representations;
• sketches and technical or artistic drawings;
• concepts, designs and product configurations;
• technical, construction and engineering solutions;
• prototypes, models and samples;
• compositions, layouts and graphic elements;
• logos, trade names, trademarks and other distinctive signs;
• finishes, material combinations and decorative details;
• manufacturing methods and construction adaptations;
• commercial proposals, quotations and presentations;
• technical data sheets, specifications and other project documentation.

The applicable protection does not necessarily depend on the existence of an express copyright notice, registered trademark notice or other reservation of rights, without prejudice to the legal requirements specific to each form of protection. The inclusion of an item in the preceding list does not mean that it automatically benefits from exclusive protection. Ideas, concepts, styles, functionalities or solutions considered in the abstract are not, in themselves, subject to exclusive ownership; protection will depend, in particular, on the specific and original form in which they are expressed, the existence of an industrial property right, the confidential nature of the information, any registration or another applicable legal basis.

3. Ownership of Rights

The content, drawings, documentation, solutions and other elements created or developed by Illumus belong to Illumus to the extent that Illumus is the relevant rights holder or has the rights necessary for their use, without prejudice to the authors’ moral rights and to rights belonging to clients or third parties.

Certain content or project elements may belong to clients, architects, designers, photographers, suppliers, manufacturers, partners or other third parties and remain subject to the rights of their respective owners.

The use or publication of third-party content by Illumus does not imply the transfer of its ownership to Illumus, the client or website users.

4. Projects and Solutions Developed by Illumus

Concepts, drawings, technical adaptations, construction solutions, manufacturing methods, models, prototypes, samples and other elements developed by Illumus in connection with enquiries, proposals or projects remain subject to the applicable intellectual property rights.

Unless otherwise agreed in writing, the presentation or delivery of a proposal, quotation, drawing, study, prototype or sample does not constitute an assignment of copyright, rights in designs or models, industrial property rights, manufacturing authorisations, or rights relating to technical or confidential information belonging to Illumus.

The purchase of a physical product gives the client ownership of that product, but does not, in itself, imply the transfer of intellectual property rights, production files, know-how or authorisations to reproduce and manufacture associated with elements developed by Illumus.

This protection does not cover concepts, drawings, trademarks, content or other elements that legitimately belong to the client or to third parties.

5. Bespoke Projects and Client Collaboration

In bespoke or collaborative projects, ownership and rights of use must be assessed according to the effective contribution of each party and the conditions agreed in writing for the project.

A distinction may be made, in particular, between the concept or design supplied by the client, architect or designer, the technical drawings, engineering and construction adaptations developed by Illumus, third-party components or technologies, and the final physical product.

Where the client supplies drawings, images, specifications, trademarks, references or other materials, the client declares that it holds the rights, licences and authorisations necessary to permit their use within the scope of the project and assumes responsibility for third-party claims arising from materials supplied without sufficient authorisation, without prejudice to any liability legally attributable to Illumus.

The client authorises Illumus to use those materials, to the extent necessary, for analysis, study, preparation of proposals and quotations, technical development, adaptation, production, installation and execution of the project.

Where necessary for the execution of the project, Illumus may share those materials with suppliers, manufacturers, technicians or other parties directly involved, limiting their use to the purpose for which they were provided.

The delivery of such materials does not imply the transfer of their ownership, nor does it automatically authorise their use in other projects, public disclosure or commercial reproduction outside the agreed scope.

6. Drawings, Quotations and Technical Documentation

Drawings, studies, diagrams, quotations, technical data sheets, specifications, bills of materials, prototypes and other documentation prepared by Illumus are intended exclusively for the assessment, approval, production, installation or execution of the project for which they were issued, under the terms agreed with the client.

To the extent that such documentation incorporates protected elements, confidential information or trade secrets, or is subject to contractual conditions or expressly communicated notices of use, it may not be used to order or permit manufacture by third parties, applied to other projects, disclosed to competing manufacturers, converted into production files or used to obtain alternative quotations based on Illumus’ technical work, without Illumus’ prior written authorisation.

The preceding paragraph does not limit the client’s rights over materials owned by the client, nor does it prejudice uses expressly authorised by contract, proposal, licence or other written agreement. The use of technical documentation must also comply with the Terms and Conditions and the applicable information set out on the Quality, Craftsmanship and Compliance page.

Any rights of use specifically granted shall be limited to the subject matter, scope, territory, duration and purpose defined in the relevant agreement.

7. Unauthorised Uses

Without the prior written authorisation of the respective owner, and without prejudice to uses permitted by law, it is not permitted to:

• copy, reproduce or download content for commercial purposes;
• alter, adapt, translate or create derivative works;
• publish, distribute, transmit or make content available to third parties;
• use drawings, renders, specifications or images to manufacture products;
• remove trademarks, credits, notices or ownership identifications;
• use content in advertising, catalogues, websites or social media;
• register trademarks, designs, models, domains or other rights based on protected Illumus content;
• use automated systems to copy, collect or systematically extract content for unauthorised purposes.

Unauthorised use may result in the suspension of granted authorisations and the adoption of appropriate out-of-court or judicial measures to protect the rights of Illumus or the respective owners, taking into account the nature, extent, seriousness and circumstances of the use.

8. Limited Use of the Website

Users may access the website and view its content for legitimate personal, professional or informational purposes related to assessing Illumus’ services, products and capabilities.

Such use does not authorise the systematic reproduction, commercial exploitation, distribution or reuse of content outside the purposes permitted by Illumus or applicable law.

9. Photographs and Project Disclosure

Photographs, images, renders and project references published on the website may be subject to rights held by Illumus, clients, photographers, designers, architects, manufacturers or other parties.

Publication of a project in the Illumus portfolio does not authorise third parties to copy, republish, manufacture or exploit the corresponding images, drawings, designs or solutions.

The disclosure of projects by Illumus will be carried out in accordance with existing rights, granted authorisations, confidentiality restrictions and credits agreed with the relevant parties. Whenever a contract, proposal or confidentiality agreement imposes specific restrictions, those conditions will prevail over any general disclosure practice.

10. Illumus Trademarks and Identity

The name Illumus, the designation Illumus Lighting, logos, visual elements, graphic signatures and other distinctive signs used on the website may not be used without Illumus’ prior written authorisation, except where permitted by law.

No use of the website grants the user the right to use, reproduce or register any Illumus trademark, trade name, logo or identity element.

11. Confidentiality

Documentation identified as confidential, and technical, commercial or project information subject to a legal or contractual duty of confidentiality, may not be disclosed or used outside the purpose for which it was made available. Protection as a trade secret depends on compliance with the applicable legal requirements, including, where required, the secrecy of the information, its commercial value and the adoption of reasonable measures to keep it confidential.

Specific confidentiality obligations agreed in contracts, proposals, non-disclosure agreements or other documents prevail over the general provisions of this page.

12. Third-Party Content or Rights

Illumus seeks to respect third-party intellectual property rights and to use content that it owns, is authorised to use or whose use is legally permissible.

Any person who considers that content published on the website infringes their rights should contact Illumus, identifying, whenever possible, the content concerned, the right invoked and the information necessary to assess the request.

Illumus will review the communication in good faith and take such measures as may be appropriate in light of the available information and the circumstances of the case.

13. Transfer and Licensing of Rights

Any transfer, assignment, exclusive licence or extended authorisation relating to intellectual property rights must be set out in a written agreement that clearly identifies the rights covered, the subject matter, scope, territory, duration, purpose and other applicable conditions, without prejudice to any formalities required by law.

In the absence of such an agreement, payment for a product, prototype, sample, drawing, study or service shall not be interpreted as an automatic transfer of all associated rights. However, rights of use arising expressly from the accepted proposal, the contract entered into, the normal purpose of the purchased product or applicable law remain safeguarded.

14. Changes to This Page

Illumus may update this page whenever necessary to reflect legal, technical or commercial changes, or changes relating to the protection of the content and rights covered by it.

The updated version will be published on this page and will apply from the stated revision date, without prejudice to conditions previously agreed in writing for specific projects.

15. Contact Details

For authorisation requests, enquiries or communications relating to intellectual property, please contact:

Illumus Unipessoal, Lda.
Email: geral@illumus.pt
Telephone: (+351) 938 777 726