OFFERING MEMORANDUM Global Offering of up to ... - Nordex

Intellectual Property Rights
Patents, Trademarks and Licenses
Most of the components and processes the Nordex Group uses to develop and manufacture wind
turbines are state-of-the-art, and therefore free of third-party intellectual property rights claims. In
certain cases the Nordex Group protects itself further by concluding licensing agreements for the use
of components and processes to which third parties hold intellectual property rights. Insofar as legally
possible, the Nordex Group protects the components and processes it develops in-house.
The Nordex Group holds the following intellectual property rights:
Description Type Number Date of application
Nordex Energy GmbH
Process for controlling electricity fed into
the grid by wind turbines and the
corresponding circuitry
Process for controlling electricity fed into
the grid by wind turbines and the
corresponding circuitry
Device for improving grid compatibility of
wind turbines with asynchronous
generators
European patent
application filed
National patent
application filed
EP 0 877 475 A1 Apr. 29, 1998
DE 197 19 308 May 7, 1997
National utility patent DE 296 21 449 U1 Dec. 10, 1996
‘‘Nordex Control’’ trademark /logo National trademark DE 300 23 078 Mar. 24, 2000
‘‘Nordex Control’’ logo Community trademark 158 4077 Mar. 22, 2000
‘‘Nordex’’ trademark National trademark DE 300 76 017 Oct. 13, 2000
On January 24, 2000, Südwind Energy GmbH and pro + pro Energiesysteme GmbH & Co. KG entered
into a non-exclusive licensing agreement limited to Germany for the manufacture and sale of S-70
wind turbines. The licensing agreement was entered into for an initial fixed term ending on September
30, 2001 and will be extended until September 30, 2003 if Südwind Energy GmbH has paid to the
licensor the licensing fees for at least 25 wind turbines by September 30, 2001. Provided that Südwind
Energy GmbH pays the licensing fees for an additional 75 wind turbines by September 30, 2003, the
agreement will be extended by an additional two years. If Südwind Energy GmbH has paid licensing
fees for more than 100 wind turbines by September 30, 2005, the licensing agreement will be extended
indefinitely with the licensor reserving the right to terminate the agreement if Südwind Energy GmbH
pays licensing fees for less than five wind turbines in any period of 12 months. To the extent that
Südwind Energy GmbH sold S-70 wind turbines outside of Germany in the past, it obtained the
licensor’s approval prior to each delivery by notifying pro & pro Energiesysteme GmbH & Co. KG of its
intention to make such delivery. The Company believes that pro & pro Energiesysteme GmbH & Co. KG
will continue to grant individual approvals to sell the wind turbines outside the license territory to
Südwind Energy GmbH in the future. In addition, the Company is of the opinion that pro & pro
Energiesysteme GmbH & Co. KG will give Südwind Energy GmbH timely notice if it intends to grant
licenses to third parties abroad and will offer Südwind Energy GmbH the opportunity to acquire such
license.
Internet Domain Names
Internet domain names may only be registered once due to the current organization of the World Wide
Web. Registration, therefore, grants the holder exclusive rights of use. The registration of a domain
does not, however, grant exclusive property rights against the use of the domain by third parties.
Moreover, third parties that hold older rights to trademarks or names used in the registered domain
can prohibit others from using such domain.
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