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Intellectual Property Insurance (IP)

Whether your business is involved in retailing, licensing, manufacturing, distributing, research and development or any other form of trading, and however unimaginable it might appear, you run the risk of an exposure to a potential breach of another’s intellectual property rights in the form of patents, trademarks, copyrights etc. Similarly, if you have such rights you are likely to find a potential infringer of your intellectual property and may wish to assert your rights against them. 

 

Edge has scoured the globe to find the right partner that offers: 

      a broad cover (defence and pursuit cover on a world-wide basis); 

      simple application process (quotes can take as little as 24 hrs); 

      super competitive premiums (base premiums start from $3,500). 

 

In this regard we are delighted to be partnering with Opus Underwriting London. They are the IP experts, in fact it’s all they do.

Opus UW places the same emphasis on their claims handling as their underwriting approach, acting quickly to address a potential problem while liaising with capacity providers. Claims will happen and when they do, it is vital that they are proactive in their approach and find a resolution that is fair. They will work to explore the best possible outcome for your client ensuring appropriate action is taken when necessary so as not to prejudice a desired outcome.

 Key Benefits & Exclusions

Worldwide cover

This is claims-made insurance which covers claims notified within the Period of Insurance

OPUS Sentry (Infringement Liability)

Legal defence costs and/or damages for intellectual property actions brought against you;

The defence costs may include experts fees;

Extensions of cover include

– defence costs incurred for directors infringement

– obligation to contracting parties

– product infringement recall costs

OPUS Sabre (Infringement Assertion)

Assertion cost for Intellectual property actions brought by you;

The assertion  costs may include experts fees;

Extensions of cover include

– Contractual disputes  

OPUS Passport 

The Insured will have access to a free legal helpline on any intellectual property matter that you may have. This advisory service is manned by legal professionals with expertise in intellectual property. The service is dispensed via e-mail. In addition, Insured’s have access to the OPUS’s service partners which can further assist with managing intellectual property requirements. Full details will be provided with the policy documentation. 

This insurance cover does not cover:

– Costs incurred without the Insurer’s consent 

– Any co-insurance amount and the amount of any excess or deductible 

– Civil claims relating to injury, disease or death 

– Known or should have known circumstances 

– Any taxes, fines, penalties, consequential damages, punitive or exemplary
damages or any other non-compensatory damages 

– Damages for wilful infringement and any future or on-going royalties

 Target Risks

Insured’s turnover does not exceed $10mil & the Insured has never raised more than $10mil in funding (in total since inception of the business)

The Insured is domiciled in Australia and has an ABN

The name of the Insured does not include non-controlled entities

There have been nil claims or circumstances (whether  insured or not) in the past 5 years

 Limits of Liability

Defence (OPUS Sentry)                Pursuit (OPUS Sabre)

Option 1:         $500,000                                   $250,000

Option 2:      $1,000,000                                   $500,000

 Excess & Co-Insurance

Excess

$10,000 any one claim but increasing to:

$25,000 for any one claim arising in the USA or Canada

Co-Insurance

5% any one claim but increasing to:

10% any one claim arising in the USA or Canada

15% any one claim arising under Section 1b- OPUS Sabre: Infringement

       Assertion