Indemnities Against Breach and Settlements of Third Party Claims

Abstract:     
The licensee under an intellectual property licensing agreement often requests two forms of protection against possible infringements of another’s intellectual property rights. First, a warranty that the licensor is entitled to grant a license of the relevant rights. Second, an indemnity from the licensor in respect of third party claims of infringement. The article considers the scope of such promises and the relationship between them. The article also considers more general issues relating to the handling and settlement of third party claims by an indemnified party.

Number of Pages in PDF File: 15

Keywords: contract, indemnity, warranty, intellectual property, settlement, breach, damages, mitigation

JEL Classification: K10, K12, K30

Accepted Paper Series