We have recently placed for one of our Clients an Intellectual Property Infringement Insurance Policy which was underwritten by Liberty Syndicate in Lloyds. We wanted to share this product with you as you may have clients who would have a need for this cover:
What is Intellectual Property Insurance?
Intellectual property (IP) can relate to a wide range of creative inventions from artistic works to industrial designs, trademarks, copyrights and patents. IP insurance provides cover to businesses who might face allegations of infringement of another party’s IP rights; or covering the legal fees and expenses involved in challenging the rights or ownership of assets held by your business.
If your business designs, manufactures, sells, or supplies a product, tangible or not, you may inadvertently infringe on third party intellectual property rights. Intellectual property insurance covers you for exposures that might arise from any infringements you face, expenses involved in contractual negotiations, or loss of IP value as a result of legal action.
Intellectual Property (IP) insurance provides protection to businesses in a wide range of industries from intellectual property risks related to infringement of patents, trademarks, copyrights, and trade secrets. The Liberty product covers IP infringement, loss of IP value, IP invalidation, and IP contractual liabilities
Intellectual Property (IP) Contractual Liability Insurance
A specific solution to deal with the frequent requirement to address IP indemnification within contractual negotiations. Cover can be provided for the legal fees and expenses and damages (including settlements) incurred as a result of:
- Any IP-related indemnity agreement or hold harmless provision provided by the insured to
- a third party under a contract, or
- An allegation that the insured has infringed on a third party’s IP through its dealings in the products/services provided to the insured by a third party under a contract.
Industries covered include:
- Software and hardware
- Consumer electronics
- Pharmaceuticals and life sciences
- Aviation and automotive
- Up to GBP 10 million/ EUR 10 million/ USD 10 million, either 100% or as co-insurance
- Coverage can be considered on a primary or excess basis.
Intellectual Property (IP) Value
Insurance coverage to indemnify for lost profits on products, diminished IP portfolio value or
reduced contract value as a result of:
- Successful legal actions against the insured’s IP, such as invalidity challenges
- Government action discriminatory to the insured’s IP right
Intellectual Property (IP) Infringement
Insurance coverage to indemnify businesses that are defendants in IP litigation following
allegations of infringement of another party’s IP rights (patents, trademarks, copyrights, etc.) or
following a challenge to the rights or ownership of IP owned by the insured. Cover is included for:
- Infringement or invalidity defence legal costs
- Infringement liability for damage awards and settlements
- Contractual IP indemnifications
- Contractual disputes related to IP licensing
- D&O liability relating to IP infringement
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Who to speak to?
Please contact Matt Price, who heads our marine division, for all marine enquiries. Matt has been specialising in marine insurance for a number of years and would be more than happy to discuss your needs. Matt’s contact details can be found below or, if you would prefer, please complete the contact form at the bottom of this page and Matt will contact you at your convenience.
Matt Price Cert CII
T: 01245 449060 E:firstname.lastname@example.org