Journal of Contract Law, Vol. 27, No. 3, pp. 265-278, 2011
15 Pages Posted: 3 Aug 2011
Date Written: August 2, 2011
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.
Keywords: contract, indemnity, warranty, intellectual property, settlement, breach, damages, mitigation
JEL Classification: K10, K12, K30
Suggested Citation: 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: https://ssrn.com/abstract=1904080