Issue link: https://htpgraphics.uberflip.com/i/116731
Other Licence Provisions Section 7 Infringements What can I do to protect my position if a third party infringes my licensed IP? You will need to decide with your licensee who will take responsibility for challenging any third party which could be infringing the licensed IP. On the other hand, if you or your licensee is challenged by a third party for using the licensed IP you will need to decide how any defence proceedings would be dealt with. The party taking responsibility will usually be able to call on the other party to provide all necessary assistance. Although this can be costly, it is often better to keep control of any actions, particularly if you have several licences. It may therefore be worth looking at taking out IP insurance, but, be warned, it is not cheap! Liability Can I limit my liability if things go wrong? You should try to ensure that you limit your liability to the maximum extent possible in relation to your licensee's use of the licensed IP. Wherever possible, seek an indemnity from the licensee against any claims by third parties against you arising from the licensee's use of the licensed IP, in particular product liability claims. Remember that liability is a contentious area. The extent to which you will be able to limit your liability may ultimately depend on the strength of your bargaining position and the extent to which you are able to insure against any losses. There are also technical legal rules in this area. You should speak to your IP commercialisation organisation. 51