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 and Restructuring 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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      Horn Justin

      Justin Horn

      Senior Associate

      M: +44 (0)7721 815 230
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      UK

      One America Square
      London EC3N 2LS
      United Kingdom

      T: +44 (0)20 7480 7288

      FREILICH eric

      Eric Freilich

      Director, Legal Counsel, Private Equity and M&A

      M: +1 647 533 9699
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      Allen logan

      Logan Allen

      Director, Private Equity and M&A

      M: +1 416-722-8171
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      Toronto

      161 Bay Street, Suite 4140,
      Toronto, ON M5J 2S1

      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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      Jessica Xi

      Associate Director, Greater China Client Lead

      T: +852 3579 5486
      M: +852 6713 1883
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      Lai Cathy

      Cathy Lai

      Business Development Lead

      M: +852 9098 9760
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      Jayasundara Nelumi

      Nelumi Jayasundara

      Senior Associate

      M: +852 9801 3916
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      Hong Kong

      20/F, Leighton Centre,
      77 Leighton Road,
      Causeway Bay, Hong Kong

      Godden Andrew

      Andrew Godden

      Chief Executive Officer - Australia

      M: +61 (0) 432-805-729
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      Sydney

      Level 3,
      222 Clarence Street,
      Sydney NSW 2000

      T: +61 (2) 9165 3511

      Ong Rae

      Rae Ong

      Business Development Lead

      M: +65 9783 5566
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      Heng Ryan 1200x1200

      Ryan Heng

      Director

      M: +65 8792 6334
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      Soh Ryan 1200x1200

      Ryan Soh

      Associate

      T: +65 9792 5282
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      Wei Lit

      Wei Lit Wong

      Associate

      M: +65 8905 5655
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      Singapore

      61 Robinson Road,
      #09-05,
      Singapore 068893

      T: +65 6018 0537

      Claro Fernando

      Fernando Claro

      Chief Executive Officer, Iberia

      Email Me

      Schmitz Kai

      Kai Schmitz

      Divisional Director – Private Equity, M&A and Tax

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      Ricardo Lecaro

      Ricardo Lecaro

      Divisional Director – Private Equity, M&A and Tax

      Email Me

      Madrid

      Paseo de la Castellana 28, entreplanta
      28046 Madrid

      T: +34 91 419 76 40

      Yongtak Lee

      Yongtak Lee

      CEO & Managing Director

      T: +82 2 6405 1021
      M: +82 10 3110 2807
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      Cha Chloe

      Chloe Cha

      Senior Associate

      T: +82 2 6405 1021
      M: +82 10 7164 7071
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      Minji ha

      Minji Ha

      Senior Associate

      T: +82 2 6405 1021
      M: +82 10 4453 2738
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      Kaylee Kim

      Associate

      T: +82 2 6405 1021
      M: +82 10 7106 1709
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      Cho Wooyoung

      Wooyoung Cho

      Junior Associate

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

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

      T: +82 2-723-1800

      Schmitz Kai

      Kai Schmitz

      Divisional Director – Private Equity, M&A and Tax

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      Ricardo Lecaro

      Ricardo Lecaro

      Divisional Director – Private Equity, M&A and Tax

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      Miami (US)

      800 Brickell Avenue
      Suite 350, Miami, Florida 33131

      T: +1 786-581-1896

      Hewitt Tim

      Tim Hewitt

      Head of BMS Japan/ Managing Director

      M: +81 70 9127 2075
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      IWAI Kaori 1200x1200

      Kaori Iwai

      Associate

      T: +81 80 9415 9270
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