Pen Underwriting launches flexible intellectual property cover to protect against rising risk of infringement
Published On : 14 Nov 2023
Pen Underwriting has today launched its new intellectual property (IP) insurance proposition bringing additional underwriting expertise and broker choice to a limited market where risks and exposure are increasing.
The launch follows Pen’s investment earlier this year to create a dedicated new IP underwriting practice having appointed Erik Alsegard as Head of Intellectual Property, to drive the development of a comprehensive portfolio of IP risk solutions.
Backed by insurer Tokio Marine Kiln (TMK) – and aimed initially at UK businesses with plans in place for international roll-out – the proposition’s modular basis can cater for all sizes of business and most industry sectors, from start-ups and SMEs to large or complex companies.
With the majority of the value of today’s businesses tied up in their intangible assets – an increase from 32% in 1985 to 90% in 2020 for the S&P 500 – and millions of IP rights in existence, any business activity creates the risk of inadvertently stepping on third party IP rights. Insurance can cover the legal costs and potential damages in relation to costly IP disputes, which can be substantial from both a financial and management time perspective. This applies to defending claims but also to enforcing rights if you are the party seeking to protect competitive advantage and your return on investment.
Pen’s modular proposition is focused on quick, simple proposal forms; quick decisions on whether Pen can assist; easy to understand policy wordings; and ease of trade. It can be tailored to specific IP risks or typical exposures and include cover for:
• infringement liability
• contract breach allegations
• contractual obligations to indemnify for IP claims
• challenges to the insured’s IP rights, and
• enforcement of the insured’s IP rights against infringers
Erik Alsegard, Head of Intellectual Property at Pen Underwriting, said: “With the demand for IP insurance expected to grow strongly due to the corresponding rise in the value of intangible business assets, brokers are looking for more choice in a limited market, which we are excited to provide. Combining the expertise of specialist underwriters at Pen who really understand this area of risk and exposure for their clients, with the backing of a carrier like TMK who is equally experienced in IP insurance, provides a powerful new proposition.
“Typically, mention of intellectual property rights conjures up images of life sciences or technology firms, innovators and inventors pushing at the very boundaries of what’s possible. But the fact is every company, large and small, carries risk arising from intellectual property, whether they are aware of their exposure or not.
“So our message to brokers is: make sure you arrange cover for your clients’ IP and give them the means to defend themselves in the event of an infringement claim. Losing the right to IP, or to selling products or services due to an IP dispute, can have a devastating effect on a business.”
Ellie Webb, IP Underwriter at TMK, added: “We are very pleased to partner with Pen and help bring its easy-to-access, modular IP insurance proposition to market. It’s important to continue to grow the market in step with anticipated demand to help protect organisations from the substantial financial risks involved with IP-related disputes.”