Intellectual Property Law
New Matter FALL 2018, Volume 43, Number 3
Content
- Letter from the Editor-in-Chief
- The Licensing Corner
- Intellectual Property Section Executive Committee 2017-2018
- Copyright News
- The California Lawyers Association Intellectual Property Alumni
- Ttab Decisions and Developments
- Case Comments
- Ninth Circuit Report
- Online Cle For Participatory Credit
- Letter from the Chair
- 2018 New Matter Author Submission Guidelines
- Quarterly International Ip Law Update
- Ip and Art: An International Perspective
- Legislation Interest Group Report
- Intellectual Property Section Interest Group Representatives 2017-2018
- Everything You Need to Know About Foreign Patent Damages
- Federal Circuit Report
- Contents
The Licensing Corner
Sean Hogle
Rooney Nimmo PC
RESPONSIBILITY FOR STRICT LIABILITY IP INFRINGEMENTS: DEVELOPERS VS. LICENSORS
A typical corporate purchaser of technology solutions or development services has procurement policies in place mandating that sellers of such solutions or services indemnify and defend the buyer from third party claims of intellectual property rights infringement. "If I’m sued because of your [insert: product or deliverable]" the argument goes, "then you should step up and take responsibility to your customer for your failure to respect third party IP rights." This stance, although ubiquitous, may sometimes fail to appreciate the differences between developers and licensors—particularly with respect to infringements of so-called "strict liability" IP rights, in which liability attaches regardless of intent or knowledge. Whether the purchase is of a product or a deliverable matters a great deal.