Teorija
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ARTICLES 2/2025

LIABILITY INSURANCE AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS

ABSTRACT

Intellectual property rights are legal rights that protect intellectual assets, which hold signifi cant value for individuals and even greater importance for the economy and society as a whole. Liability insurance against the infringement of intellectual property (IP) rights is becoming increasingly relevant as a mechanism for managing unforeseen risks arising from third-party proprietary claims and from unauthorized use of intellectual property rights. This paper fi rst examines the nature and scope of various intellectual property rights, alongside the advantages of liability insurance in cases of infringement of such rights. It then explores what may constitute the subject-matter of insurance coverage, based on the nature of intellectual property rights, general insurance principles, and contractual frameworks. The aim is to distinguish this specifi c type of liability insurance within the broader context of IP protection. Finally, the paper examines the scope of insurance coverage in relation to specifi c costs incurred when the insured appears as a defendant in legal proceedings, as well as when the insured takes actions to protect and enforce their intellectual property rights.

Keywords: law, intellectual property, insurance, litigation costs, fi nancial loss


UDK 005.21:334.72.021 Uzelac, doc. dr Ozren Jovanović, prof. dr Slobodan LIABILITY INSURANCE AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS Page: 365-378
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