Patent Infringement in contracts and insurance

[jaziniho]

I wanted to check in and see what the general situation is with respect to insurance against intellectual property infringement for most contractors.

IP infringement appears to be excluded from professional indemnity insurance as standard. (Perhaps unsurprisingly given potential costs involved).

I have recently received a contract which specifically states liability for any intellectual property infringement claim.


Is this generally a standard clause?

Do independent contractors in general have to expect to take on liability for future IP infringement of work they delivered?
E.g. What if a relevant patent turns up some years later!

[Lance]

I wanted to check in and see what the general situation is with respect to insurance against intellectual property infringement for most contractors.

IP infringement appears to be excluded from professional indemnity insurance as standard. (Perhaps unsurprisingly given potential costs involved).

I have recently received a contract which specifically states liability for any intellectual property infringement claim.


Is this generally a standard clause?

Do independent contractors in general have to expect to take on liability for future IP infringement of work they delivered?
E.g. What if a relevant patent turns up some years later!

For starters patents are not related to IP. A patent is public information so not IP, but the patent holder has exclusive rights to manufacture.
IP is where the information is owned wholly by the owner.
An example is WD40. This is not patented. The inventors decide to keep it a secret, and therefore after far more than the 50 year patent limit they still are the only manufacturer.


As for your question.... Where did you buy your PI insurance? Qdos covers, in clause 1, against
"d) Unintentional breach of confidentiality or privacy;
e) Unintentional infringement of intellectual property rights."

[BlasterBates]

WD40 is just a marketing gag

WD-40 Oil Alternatives - The Case Against WD-40

Plenty of lubricants and oils that do a better job. The same with Coca-Cola and their secret recipe, if Coke isn't sold in a bottle or can with its name on it, you won't be able to tell the difference. Their best invention is the unique looking bottle.

One you thing you do learn if you study Business, is that it's all down to marketing.

[Lance]

WD40 is just a marketing gag

WD-40 Oil Alternatives - The Case Against WD-40

Plenty of lubricants and oils that do a better job. The same with Coca-Cola and their secret recipe, if Coke isn't sold in a bottle or can with its name on it, you won't be able to tell the difference. Their best invention is the unique looking bottle.

One you thing you do learn if you study Business, is that it's all down to marketing.

Quite possibly true, but is there any relevance to the OP's question or my response?

also off-topic (OP's not yours) is https://www.youtube.com/watch?v=Tvp97SMZc6M&t=64s

did you know the name WD-40 comes from - Water Dispersant and it was the 40th recipe they tried.