In structuring indemnities for IP, which claim is typically covered?

In structuring indemnities for IP, which claim is typically covered?

• A. Third-party infringement claims arising from the product.
• B. Only OSS-related claims.
• C. Claims not related to IP.
• D. Claims arising from licensee modifications, combinations, or misuse.

Answer: (A)

Indemnities for IP are about shifting the risk that a third party will sue over intellectual property because of what is being delivered. The typical coverage focuses on third-party infringement claims arising from the product itself—the kind of claim that asserts the product, as sold or deployed, infringes someone else’s IP rights. That’s the core protection parties expect: if a lawsuit hits because of the product’s content or function, the indemnitor should defend and compensate. OSS-related claims are more specialized and may require separate provisions because OSS licenses create distinct risks that aren’t always captured by a broad IP indemnity. Claims not related to IP aren’t the target of IP indemnities, and claims arising from licensee modifications, combinations, or misuse are usually carved out or limited, since those results stem from actions outside the vendor’s control.

Indemnities for IP are about shifting the risk that a third party will sue over intellectual property because of what is being delivered. The typical coverage focuses on third-party infringement claims arising from the product itself—the kind of claim that asserts the product, as sold or deployed, infringes someone else’s IP rights. That’s the core protection parties expect: if a lawsuit hits because of the product’s content or function, the indemnitor should defend and compensate.

OSS-related claims are more specialized and may require separate provisions because OSS licenses create distinct risks that aren’t always captured by a broad IP indemnity. Claims not related to IP aren’t the target of IP indemnities, and claims arising from licensee modifications, combinations, or misuse are usually carved out or limited, since those results stem from actions outside the vendor’s control.