Unprecedented Experience in IP Insurance
Sybaris Legal & IP is in a position to offer flexible IP insurance solutions which can protect even the smallest new start-up. More comprehensive protection is available for SME clients with a varied IP portfolio, and sophisticated programmes can be arranged for larger companies. Larger companies will often consider programmes with high self-insured excesses, effectively capping their potential IP risk exposures, and allowing them to budget more easily.
Clients can choose from the following options:
1) Comprehensive IP Package Solution (for both Pursuit/Enforcement and Defence costs, Damages Awards and optional Contractual Indemnities) - This is a high-level protection option which will provide very sophisticated IP risk transfer to the insurance market, and ensure that clients can survive when an IP damages award is made against them, as well as enabling them to bring an IP action against a competitor. Limits of up to £5,000,000 as standard, and higher limits may be achievable depending upon the risk through subscription placements with coinsurers, or excess layers.
2) After-the-Event (“ATE”) Insurance and Litigation Funding - This option may be available for clients who have not already purchased IP cover, and have a pre-existing dispute with good prospects of success. Clients will, however, require a case where there are good (usually a minimum of 60%) prospects of success based an opinion from a suitable advocate / Counsel. Additionally, the damages that you are seeking must be high enough to allow for the risks which a litigation funder will take. We have access to a panel of funders, and After-the-Event insurers, so, if this is a viable option we should be able to arrange a package for our clients. Clients would be best placed to consider insuring "before-the-event". This is not only because litigation funders will frequently charge a noticeable percentage of the damages award to fund a case, but also because they may not take on a case where the damages claimed are too low relative to the costs incurred, or where an injunction is being sought rather than a damages award.
With potentially more than 40% of your company value tied up in your IP, can you really not afford to insure it?
Clients can choose from the following options:
1) Comprehensive IP Package Solution (for both Pursuit/Enforcement and Defence costs, Damages Awards and optional Contractual Indemnities) - This is a high-level protection option which will provide very sophisticated IP risk transfer to the insurance market, and ensure that clients can survive when an IP damages award is made against them, as well as enabling them to bring an IP action against a competitor. Limits of up to £5,000,000 as standard, and higher limits may be achievable depending upon the risk through subscription placements with coinsurers, or excess layers.
2) After-the-Event (“ATE”) Insurance and Litigation Funding - This option may be available for clients who have not already purchased IP cover, and have a pre-existing dispute with good prospects of success. Clients will, however, require a case where there are good (usually a minimum of 60%) prospects of success based an opinion from a suitable advocate / Counsel. Additionally, the damages that you are seeking must be high enough to allow for the risks which a litigation funder will take. We have access to a panel of funders, and After-the-Event insurers, so, if this is a viable option we should be able to arrange a package for our clients. Clients would be best placed to consider insuring "before-the-event". This is not only because litigation funders will frequently charge a noticeable percentage of the damages award to fund a case, but also because they may not take on a case where the damages claimed are too low relative to the costs incurred, or where an injunction is being sought rather than a damages award.
With potentially more than 40% of your company value tied up in your IP, can you really not afford to insure it?