As part of our technology and data practice, we provide intellectual property indemnification & indemnity agreements services.

Given the high costs of litigation, an intellectual property indemnification agreement can provide significant protection to a party and is worth considering before entering into a commercial transaction or contract involving intellectual property rights.  The scope of the indemnity obligations will likely differ depending on the party to the transaction, the risk of third-party claims, any limitations on damages, including the indemnity obligations, and other factors.

Intellectual Property Indemnification & Indemnity Agreements

Intellectual property indemnification clauses are common provisions in agreements between parties that desire to shift the risk of loss.  In intellectual property indemnification clauses, the risk is commonly associated with patent infringement, trademark infringement, copyright infringement, trade secret misappropriation, software issues, or some other intellectual property (IP) related risk.  An indemnity clause may be limited to indemnification or it may also include the obligation to “defend” and/or “hold harmless" the other party.  Generally, an indemnification clause obligates one party to compensate the other party for losses or damages covered by the indemnity clause.

Intellectual Property Hold Harmless Agreements

In addition to intellectual property indemnification, an agreement may provide a hold harmless agreement as a risk shifting mechanism.  Generally, a hold harmless clause provides that a party is not liable for certain damages under an agreement.  An intellectual property hold harmless clause can protect against acts of employees of the other party as well as third-party claims for infringement.

Our attorneys have experience with intellectual property indemnity agreements and indemnification issues and can assist clients address those issues both before entering into an agreement with a third party as well as later after a claim has arisen that may trigger an indemnity obligation or a hold harmless clause.

Intellectual Property Disputes and Intellectual Property Indemnification Litigation

Read more about our litigation services at our intellectual property litigation overview page and our business litigation overview page, including Intellectual Property Indemnification Litigation and Patent Indemnification Litigation & Indemnity Disputes.

Additional Insights Regarding Intellectual Property Indemnification

For more information on IP indemnity agreements, see our Legal Insights and Industry Solutions pages.