Abstract

http://ssrn.com/abstract=1904080
 


 



Indemnities Against Breach and Settlements of Third Party Claims


Wayne Courtney


University of Sydney - Faculty of Law

John Carter


University of Sydney - Faculty of Law

August 2, 2011

Journal of Contract Law, Vol. 27, No. 3, pp. 265-278, 2011
Sydney Law School Research Paper No. 11/42

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

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Date posted: August 3, 2011  

Suggested Citation

Courtney, Wayne and Carter, John, Indemnities Against Breach and Settlements of Third Party Claims (August 2, 2011). Journal of Contract Law, Vol. 27, No. 3, pp. 265-278, 2011; Sydney Law School Research Paper No. 11/42. Available at SSRN: http://ssrn.com/abstract=1904080

Contact Information

Wayne Courtney (Contact Author)
University of Sydney - Faculty of Law ( email )
Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
John Carter
University of Sydney - Faculty of Law ( email )
Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
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