Does professional indemnity insurance cover intellectual property?

Asked by: Miss Mayra Nolan I  |  Last update: January 3, 2023
Score: 4.3/5 (18 votes)

Professional Indemnity (PI)
Whilst PI policies often do have some cover for breach of intellectual property, patents and trade secrets are nearly always specifically excluded.

Does professional liability insurance cover intellectual property infringement?

Fortunately, your general liability policy covers all your legal defense costs and other expenses up to your policy limit. However, most policies only cover unintentional copyright infringement.

What insurance covers intellectual property?

Patent insurance is a type of intellectual property insurance coverage. An IP insurance policy can include coverage for patents, copyrights and other specific types of IP.

Can intellectual property be insured?

The most popular form of intellectual property insurance coverage is "defense" coverage, which covers the costs of defense of an intellectual property infringement suit and any resulting settlements or judgments.

Does CGL cover intellectual property?

Most CGL policies contain an “intellectual property exclusion,” excluding coverage for claims arising from copyright, patent, trademark, trade secret, or other intellectual property infringement.

Module 5: What is Professional Indemnity Insurance

15 related questions found

Does general liability insurance cover copyright infringement?

General liability insurance covers lawsuits over spoken defamation (slander), written defamation (libel), accidental copyright infringement, invasion of privacy, and other advertising injuries.

Does errors and omissions insurance cover copyright infringement?

An E&O insurance policy will also not cover copyright, trademark or patent infringement, libel or slander, illegal discrimination, pollution, violation of any securities act, insolvency or bodily harm to any person.

Does insurance cover patent infringement?

There are two types of patent infringement insurance: A defensive policy will assist you if you're sued for infringing upon a patent. Patent litigation insurance will cover your legal costs if you must sue someone else for patent infringement.

What is intellectual property liability?

Intellectual Property professional liability insurance covers litigation expenses incurred when enforcing or defending patents, trademarks, or copyrights. CMI's experienced Intellectual Property agents work with anyone – from large organizations to entrepreneurs — to protect their assets.

How much does IP insurance cost?

Companies that only need a defense policy can expect to pay between $2,500 and $3,500 yearly. Larger companies that need a defense and an indemnity policy have a yearly premium between $3,000 and $20,000. Other policies depend on the policy term and total 2 to 5 percent of the total coverage.

What is intellectual property exclusion?

A key challenge for policyholders seeking coverage under commercial general liability, directors and officers and other insurance policies is the presence of the so-called “intellectual property exclusion.” In a typical formulation, this provision excludes from coverage claims “based upon or arising out of any actual ...

What does IP mean in insurance?

Your General Liability Policy May Be Enough. Then Again, It May Not. INTRODUCTION. A company's intellectual property (“IP”) is often its most important corporate asset — one which it must aggressively protect.

What are some examples of intellectual property?

Examples of intellectual property rights include:
  • Patents.
  • Domain names.
  • Industrial design.
  • Confidential information.
  • Inventions.
  • Moral rights.
  • Database rights.
  • Works of authorship.

What insurance covers trademark infringement?

The possible coverages for trademark infringement claims include General Liability, Directors & Officers Liability, Errors & Omissions Liability, and Media Liability. A General Liability policy provides coverage for Advertising Injury.

Does LLC protect against copyright infringement?

The liability protections of an LLC do not apply to intellectual property infringement. It should also be noted that certain IP infringements are federal crimes, including counterfeit trademarking, infringement of copyrighted works, counterfeit labeling and theft of trade secrets.

What is patent coverage?

In general, a patent may cover a product or process that offers a new technique or technical solution to an existing problem. To acquire a patent, technical information about the product or process must be provided to the public in a patent application.

What is media liability insurance coverage?

Media Liability insurance provides coverage for the needs of media clients creating or disseminating content. This includes broad protection for broadcasters and publishers who are at risk while constantly updating their methods of content distribution globally.

Is infringement of copyright a personal injury?

[Personal and advertising injury does not include injury] arising out of any actual or alleged infringement or violation of any intellectual property rights, such as copyright, patent, trademark, trade name, trade secret, service mark or other designation of origin or authenticity.

Why do filmmakers need E and O insurance?

Producers Errors and Omissions Insurance covers all of the potential legal liabilities and defense costs against lawsuits alleging unauthorized use of titles, formats, ideas, characters, plots, plagiarism, unfair competition or privacy, and breach of contract.

Can you copyright an insurance policy?

A copyright in the form of an insurance policy does not prevent other insurers from using the insurance plan. Similarly, an insurer can include clauses similar to those in a copyrighted policy as long as the original expression is not copied wholesale.

What are the 4 types of intellectual property?

Patents, trademarks, copyrights, and trade secrets are valuable assets of the company and understanding how they work and how they are created is critical to knowing how to protect them.

How is intellectual property protected?

Inventors, designers, developers and authors can protect the ideas they have developed, for instance by means of copyright or patents. The aim is to prevent others from wrongly profiting from their creations or inventions.

Which of the following is not covered under intellectual property rights?

These are the creations of human intellect such as ideas and concepts which are legally protected. Certain examples of Intellectual property are patents, copyrights and trademark, and it does not include physical property of an intellectual. Hence the correct answer is D.

Which excluded from intellectual property law?

Excluded Intellectual Property means all rights, title and interest of Seller in and to Intellectual Property, whether now existing or hereafter developed or acquired (including the Seller Brands), other than the Product Intellectual Property.

Which is not a type of intellectual property?

The correct option is Incubators and accelerators

It is covered by valuable patents, trademarks, and copyrights under law, allowing individuals to identify and benefit from the idea. Thus, Incubators and accelerators​ are not covered under this category.