Intellectual Property Indemnity via Umbrella

[Res]

Is it usual for Umbrella contractors to be asked to sign separate IP agreements with the Agent to personally indemnify and keep indemnified against any and all Intellectual Property infringement claims connected to the service?

[northernladuk]

I would guess so. Remember you are still an supplier to the client, the Umbrella/LTD bit is only the payment vehicle so shouldn't be any different I don't think.

Lucy covers it in this thread

https://forums.contractoruk.com/umbr...-contract.html

Article on IPR in general here. As I say I still think it's valid as the LTD/Umbrella isn't actually part of the delivery of the work so shouldn't be that different.
https://www.contractoruk.com/contrac...pr_clause.html

Here is a post with the same clause shown in a Darwin contract. This is in the HMRC Schemes thread but the fact it's in there might be telling
https://forums.contractoruk.com/hmrc...mands-159.html

[Res]

Thanks

Just wondering about insurance: a Ltd PSC can get professional indemnity which underwrites them for any IP claims, however as a private individual it's not so clear, or easy to find, so potentially exposes me to unlimited financial risk (in the very unlikely event I do something which beaches IP).

I think I would be covered by the Umbrella's insurance, but only whilst I'm with them?
I'm therefore interpreting "keep indemnified" as a long term risk.

Any/all guidance appreciated

[northernladuk]

Are you dealing with IP and are you likely to get a claim against you though? A vasy majority of us don't so it's not really an issue.

You are right about the brolly insurance but I'd be double checking that with them just to be sure.