Intellectual Property Insurance

Intellectual Property Insurance provides cover for financial losses suffered in connection with infringement lawsuits and IP invalidation proceedings. It also addresses indemnification claims related to a company’s IP or its products or services under contracts with several parties (including licensees, licensors, customers and manufacturers).

Intangible assets i.e. goodwill, brand recognition and intellectual property, such as patents, trademarks, design rights and copyrights, comprise a significant element of the valuation of many businesses and can therefore be a key area of risk in an acquisition.

As competition increases in the market place, it becomes vitally important to protect such assets from threats and challenges such as defending themselves against accusations of intellectual property infringement and associated litigation.

As a result of this, businesses are exposed to potentially significant financial losses and reputational damage. Intellectual Property Insurance looks to address these issues which can be catastrophic for investors if they remain unaddressed.

Scope of Cover

The policy covers either:

i) third party claims suggesting that an insured’s owned or licensed products or services infringe upon a claimant’s IP;

or

ii) claims challenging the validity of an insured’s IP assets, including in the context of:

  • Infringement lawsuits or invalidity proceedings brought against an insured;
  • Contractual indemnification claims by customers, manufacturers, or licensees; and
  • Both judicial and administrative (including EU Intellectual Property office and European Patent office) proceedings.

Coverage is provided for

  • Both the cost of defending a claim and damages for which an insured becomes liable
  • Specific jurisdictions or worldwide
  • The insured's ability to choose defence counsel

    Policy terms

    • Limits are available up to USD50m
    • On average premium rates vary between 1% and 5% of the limit purchased
    • Policy can be issued annually or for multiple years

      Coverage is flexible and is tailored to cover the entirety of a company’s IP portfolio, products, or services or can focus on specific IP assets, products, or services. It can also respond to liabilities in respect of licensing agreements.

      Process

      The insurer will need to understand and receive an overview of the business and the IP that they own. Thereafter it is a case of understanding the issue or the risk that the company is facing, i.e. is it an infringement issue or a validation issue with any supporting documentation and the key factors. This is normally sufficient to provide non-binding terms from the market. If these are of interest then an insurer is engaged and the policy is then underwritten and negotiated.

      Intellectual Property Insurance can support clients across most industries. Some insurers will have broader appetites than others and therefore it is important to engage with us early on to determine optimal coverage.

      Pawar Tan

      Tan Pawar

      Head of Private Equity and M&A

      T: +44 (0)20-7480-0264
      M: +44 (0)7341-133-007
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      Andrews Dean

      Dean Andrews

      Head of Tax Liability Insurance

      T: +44 (0)20-7480-0308
      M: +44 (0)7876-815-643
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      Wallace Sophie

      Sophie Wallace

      Divisional Director

      T: +44 (0)20-7480-0378
      M: +44 (0)7824-605-613
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      Leitch Harry

      Harry Leitch

      Director, Head of Deal Origination

      T: +44 (0)20-7480-0346
      M: +44 (0)7770-990-368
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      Kemp Simon

      Simon Kemp

      Group General Counsel

      T: +44 (0)20-7480-7288
      M: +44 (0)7825-844-988
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      Christie Marcus 1200x1200 web

      Marcus Christie

      Associate

      T: +44 (0)20-7374-5937
      M: +44 (0)7826-532-908
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      Simon stephan

      Stephan Simon

      Head of W&I Insurance – UK

      M: +44(0)7785-720-944
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      Kanwar Chandini

      Chandini Kanwar

      Associate Director

      T: +44 (0)20 7374 5990
      M: +44 (0)7825 421 394
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      UK

      One America Square
      London EC3N 2LS
      United Kingdom

      T: +44 (0)20-7480-7288

      Stone Jason

      Jason Stone

      Managing Director, Canada

      M: +1 416-845-4572
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      Allen logan

      Logan Allen

      Associate

      M: +1 416-722-8171
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      Toronto

      1 University Ave,
      Toronto, ON M5J 2P1

      Lee Sandra

      Sandra Lee

      CEO & Head of PEMAT, Asia

      T: +852 3579 5485
      M: +852 9255 7088
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      De Lange Martijn

      Martijn de Lange

      Managing Director

      T: +852 3579 5486
      M: +852 9772 9951
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      Wong Aris

      Aris Wong

      Managing Director

      M: +65 8321 6236
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      Sagar Mehta 1200x1200

      Sagar Mehta

      Associate Director

      M: +65 8010 2687
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      Swee Faith

      Faith Swee

      Senior Associate

      M: +65 8949 3439
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      Xi Jessica 1200x1200

      Jessica Xi

      Senior Associate

      T: +852 3579 5486
      M: +852 6713 1883
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      Heng Ryan 1200x1200

      Ryan Heng

      Senior Associate

      M: +65 8792 6334
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      Yongtak Lee

      Yongtak Lee

      CEO & Managing Director

      T: +82 2 6405 1021
      M: +82 10 3110 2807
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      Kim Tamara

      Tamara Kim

      Chief Legal Officer & Senior Director

      M: +82 10 7365 4628
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      Kim Kaylee 1200x1200

      Kaylee Kim

      Associate

      T: +82 2 6405 1021
      M: +82 10 7106 1709
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      Cha Chloe

      Chloe Cha

      Senior Associate

      T: +82 2 6405 1021
      M: +82 10 7164 7071
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      Jayasundara Nelumi

      Nelumi Jayasundara

      Associate

      M: +852 9801 3916
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      Cho Wooyoung

      Wooyoung Cho

      Junior Associate

      T: +82 2 6405 1021
      M: +82 10 7120 1827
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      Singapore

      138 Market Street #05-01,
      CapitaGreen,
      Singapore 048946

      T: +65 9384 6484

      Hong Kong

      4/F, Lee Garden Three,
      1 Sunning Road,
      Causeway Bay, Hong Kong

      Seoul

      #1908 19Fl., S Tower Bldg.,
      82 Saemunan-ro, Jongno-gu,
      Seoul, South Korea

      T: +82 2-723-1800

      Godden Andrew

      Andrew Godden

      Chief Executive Officer - Australia

      T: +61 (2) 9165-3502
      M: +61 (0) 432-805-729
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      Sydney

      Level 3,
      222 Clarence Street,
      Sydney NSW 2000

      T: +61 (2) 9165-3500

      Claro Fernando

      Fernando Claro

      Chief Executive Officer, Iberia

      T: +34 91-419-76-30
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      Madrid

      c/ Serrano, 240. Planta 5
      28016 Madrid

      T: +34 91-419-76-40

      Astorqui Jose

      Jose H. Astorqui

      CCO, Latin America & Caribbean

      T: +1 786-581-1899
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      Miami (US)

      800 Brickell Avenue
      Suite 350, Miami, Florida 33131

      T: +1 786-581-1896