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Intellectual Property

Intellectual Property Insurance

Help cover legal costs in Australia if you are accused of infringing a patent, trademark or copyright.

— The basics

What is Intellectual Property Insurance

Intellectual property insurance helps cover legal costs if someone says you infringed a patent, trademark or copyright. It is IP insurance Australia businesses can use to protect cashflow when disputes happen. This insurance can typically be included in Professional Indemnity insurance.

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— Why it matters

Why is it important?

IP disputes can be expensive, time consuming and stressful for Australian businesses, even when a claim has little merit. Intellectual property insurance may help protect cashflow and keep work moving while legal issues are sorted.

— The Basics

What is

Intellectual Property

Intellectual property insurance helps cover legal costs if someone says you infringed a patent, trademark or copyright. It is IP insurance Australia businesses can use to protect cashflow when disputes happen. This insurance can typically be included in Professional Indemnity insurance.

Start a Quote to get cover.

— Why it Matters

Why is it important?

IP disputes can be expensive, time consuming and stressful for Australian businesses, even when a claim has little merit. Intellectual property insurance may help protect cashflow and keep work moving while legal issues are sorted.

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Coverage highlights

What is usually covered under Intellectual Property insurance

Here’s what this policy typically helps with. Exact cover depends on your insurer and policy wording.

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IP liability insurance cover

Helps pay legal costs and covered damages if someone claims you infringed IP rights like trademarks or copyright. Handy for IP insurance Australia businesses selling online.

Title dispute defence costs

Helps cover legal costs if there is a dispute about who owns an IP right, such as a patent or trademark. Supports intellectual property protection when ownership is challenged.

Opposition action defence

Helps cover legal costs for opposition proceedings, like responding when someone opposes your trademark or patent application, or when you need to file an opposition too.

Patent infringement insurance

Helps pay legal costs and covered damages if you are accused of infringing a patent. This can include defence work through court, expert advice, up to your chosen limit.

Invalidation action defence

Helps cover legal costs if someone tries to invalidate your registered IP rights, such as a patent or trademark and you need to defend the registration in proceedings.

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Claims examples

Common Intellectual Property insurance claims

Simple, real-world examples to help you better understand how coverage might work with this policy.

IP ownership dispute
SCENARIO

A former contractor who helped build your app says they own the code and the name. They start a title dispute and demand you stop using the software and domain in Australia. You need legal help to prove ownership and defend your rights.

WHY IT’S COVERED

It is designed to cover legal costs for a title dispute first made against you about who owns an IP right, like software, a domain name, or a trade mark.

Trade mark opposition
SCENARIO

You file a new trade mark with IP Australia for your business name. Another business lodges an opposition, saying your mark is confusingly similar to theirs. You need a lawyer to prepare evidence, respond and attend the process.

WHY IT’S COVERED

It is designed to cover legal costs for an opposition action filed against your IP right during the policy period, such as at IP Australia.

Patent infringement claim
SCENARIO

You import a tool and start offering it to customers. A rival says the design uses their patented feature and sends a formal claim. They ask you to stop using it in Australia and threaten court action unless you agree to a licence or payout.

WHY IT’S COVERED

Patent infringement insurance is designed to cover legal costs and covered damages for a third party claim alleging you infringed a patent.

Trade mark demand letter
SCENARIO

You launch a new product and name it. A competitor emails a cease and desist saying your brand name and packaging are too similar to their registered trade mark. They want you to stop selling in Australia, hand over stock and pay a settlement.

WHY IT’S COVERED

IP liability insurance is designed to cover legal costs and covered damages for a third party claim alleging trade mark or copyright infringement.

SCENARIO

A support worker gave a participant the wrong medication due to a mislabeled pillbox. The participant experienced severe drowsiness and dehydration, requiring overnight hospitalization.

IS THIS COVERED?

Costs included $8,200 for hospital and rehabilitation, $12,500 for legal defence, and a $7,500 settlement to resolve the claim out of court.

Manual handling damage

SCENARIO

A support worker gave a participant the wrong medication due to a mislabeled pillbox. The participant experienced severe drowsiness and dehydration, requiring overnight hospitalization.

WHY IT'S EXCLUDED

Costs included $8,200 for hospital and rehabilitation, $12,500 for legal defence, and a $7,500 settlement to resolve the claim out of court.

SCENARIO

A support worker gave a participant the wrong medication due to a mislabeled pillbox. The participant experienced severe drowsiness and dehydration, requiring overnight hospitalization.

WHY IT'S EXCLUDED

Costs included $8,200 for hospital and rehabilitation, $12,500 for legal defence, and a $7,500 settlement to resolve the claim out of court.

SCENARIO

A former contractor who helped build your app says they own the code and the name. They start a title dispute and demand you stop using the software and domain in Australia. You need legal help to prove ownership and defend your rights.

IS THIS COVERED?

It is designed to cover legal costs for a title dispute first made against you about who owns an IP right, like software, a domain name, or a trade mark.

IP ownership dispute
SCENARIO

You file a new trade mark with IP Australia for your business name. Another business lodges an opposition, saying your mark is confusingly similar to theirs. You need a lawyer to prepare evidence, respond and attend the process.

IS THIS COVERED?

It is designed to cover legal costs for an opposition action filed against your IP right during the policy period, such as at IP Australia.

Trade mark opposition
SCENARIO

You import a tool and start offering it to customers. A rival says the design uses their patented feature and sends a formal claim. They ask you to stop using it in Australia and threaten court action unless you agree to a licence or payout.

IS THIS COVERED?

Patent infringement insurance is designed to cover legal costs and covered damages for a third party claim alleging you infringed a patent.

Patent infringement claim
SCENARIO

You launch a new product and name it. A competitor emails a cease and desist saying your brand name and packaging are too similar to their registered trade mark. They want you to stop selling in Australia, hand over stock and pay a settlement.

IS THIS COVERED?

IP liability insurance is designed to cover legal costs and covered damages for a third party claim alleging trade mark or copyright infringement.

Trade mark demand letter
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Important: Scenarios are examples only. Coverage is subject to policy terms, conditions and exclusions. Limits and sub-limits might apply. Policy wordings vary between insurers. Refer to the PDS or Policy Wording for details.

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Benefits

Why businesses trust upcover

Get quotes in minutes, adjust your cover as your business evolves, and lean on expert support to help you make confident insurance decisions.

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Who it’s for

Who needs Intellectual Property insurance?

Types of businesses who might be contractually required or recommended to take out this insurance.

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Manufacturers and Product Makers

Design features, components and tooling can attract patent infringement claims from competitors.

Marketing and Design Studios

Logos, campaigns, images and creative work can face copyright or trade mark infringement claims.

Content Creators and Media

Publishing content, images and video can create copyright risk, plus brand name disputes.

Ecommerce Brands and Retailers

Product names, packaging, listings and imported goods can lead to trade mark or patent allegations.

Software and SaaS Businesses

Apps, platforms and dev teams using code, features, names and UI that can trigger IP disputes.

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Exclusions

Typical exclusions under Intellectual Property insurance?

Common examples of what is generally outside cover. Check the insurer policy wording to confirm the details.

Licence breach dispute
SCENARIO

Your software licence ends and you keep using the third party code. The owner claims you breached the licence terms and sues for breach of contract. The main issue is the contract terms, not an IP infringement claim.

WHY IT’S COVERED

Not covered for claims arising from breach, expiry or termination of a contract or licence to use an intellectual property right.

Civil fines and penalties
SCENARIO

A court finds you infringed and orders you to pay a penalty and punitive damages on top of compensation. You ask the insurer to reimburse the penalty amount and the extra damages awarded to punish the conduct.

WHY IT’S COVERED

Excluded for fines, penalties, civil or criminal sanctions and punitive, exemplary or multiple damages, even if linked to a claim.

Deliberate infringement
SCENARIO

You see another Aussie brand selling well and copy their logo style and product photos anyway. You had legal advice warning you not to. They sue for trade mark and copyright infringement and you admit you did it on purpose.

WHY IT’S COVERED

Excluded where the act or infringement is wilful or intentional, including malicious, reckless or dishonest conduct by you or your team.

Known issue before cover
SCENARIO

Before you buy the policy, you already receive emails from a competitor saying your new brand name infringes theirs. You do not respond, then after cover starts they send a formal claim for compensation and legal costs.

WHY IT’S COVERED

Not covered if a senior executive knew, or should reasonably have known, about a circumstance or likely claim before the inception date.

SCENARIO

A support worker gave a participant the wrong medication due to a mislabeled pillbox. The participant experienced severe drowsiness and dehydration, requiring overnight hospitalization.

WHY IT'S EXCLUDED

Costs included $8,200 for hospital and rehabilitation, $12,500 for legal defence, and a $7,500 settlement to resolve the claim out of court.

Manual handling damage

SCENARIO

A support worker gave a participant the wrong medication due to a mislabeled pillbox. The participant experienced severe drowsiness and dehydration, requiring overnight hospitalization.

WHY IT'S EXCLUDED

Costs included $8,200 for hospital and rehabilitation, $12,500 for legal defence, and a $7,500 settlement to resolve the claim out of court.

SCENARIO

A support worker gave a participant the wrong medication due to a mislabeled pillbox. The participant experienced severe drowsiness and dehydration, requiring overnight hospitalization.

WHY IT'S EXCLUDED

Costs included $8,200 for hospital and rehabilitation, $12,500 for legal defence, and a $7,500 settlement to resolve the claim out of court.

SCENARIO

Your software licence ends and you keep using the third party code. The owner claims you breached the licence terms and sues for breach of contract. The main issue is the contract terms, not an IP infringement claim.

WHY IT'S EXCLUDED

Not covered for claims arising from breach, expiry or termination of a contract or licence to use an intellectual property right.

Licence breach dispute
SCENARIO

A court finds you infringed and orders you to pay a penalty and punitive damages on top of compensation. You ask the insurer to reimburse the penalty amount and the extra damages awarded to punish the conduct.

WHY IT'S EXCLUDED

Excluded for fines, penalties, civil or criminal sanctions and punitive, exemplary or multiple damages, even if linked to a claim.

Civil fines and penalties
SCENARIO

You see another Aussie brand selling well and copy their logo style and product photos anyway. You had legal advice warning you not to. They sue for trade mark and copyright infringement and you admit you did it on purpose.

WHY IT'S EXCLUDED

Excluded where the act or infringement is wilful or intentional, including malicious, reckless or dishonest conduct by you or your team.

Deliberate infringement
SCENARIO

Before you buy the policy, you already receive emails from a competitor saying your new brand name infringes theirs. You do not respond, then after cover starts they send a formal claim for compensation and legal costs.

WHY IT'S EXCLUDED

Not covered if a senior executive knew, or should reasonably have known, about a circumstance or likely claim before the inception date.

Known issue before cover
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Important: These scenarios are examples only. Policy exclusions may differ between insurers and policy wordings. Limits and sub-limits might apply. Always refer to your specific policy wording for complete details.

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Price factors

Factors affecting cost of Intellectual Property insurance

Your premium is based on your details and the cover options you choose. There is no one set price for every business.

What Affects your Intellectual Property Insurance premium?

Business type

Insurers price based on what you do and make. Software, eCommerce and product makers can face more IP disputes than services, so IP insurance Australia premiums can differ a lot.

Revenue level

Turnover and growth can affect price. Higher revenue means more customers, products and marketing, which can lift the chance of a claim and the size of legal costs in Australia.

IP risk level

Risk controls matter. Using licences, contracts and trade mark checks can reduce risk. Using other peoples content or code, or past disputes, can raise premiums and narrow options.

Limit and excess

Your cover limit and excess affect premium. Higher limits and added options usually cost more. Choosing a higher excess can lower the price overall, but you pay more if you claim.

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Explore more

Other cover types

Browse from a range of cover types to match your business’ unique needs.

Professional Indemnity

Covers negligence claims from third parties to help protect your business from professional errors

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Public & Products Liability

Covers injury & property claims from your services, products or at your business

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Management Liability

Bundled insurance for executives and boards incl D&O, EPL, Statutory Liability and Tax Liability insurance

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Cyber & Technology

Includes Professional Indemnity and Cyber & Technology Liability insurance for tech businesses

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FAQs

Intellectual Property insurance queries

How do I make a claim?

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You should notify your insurer as soon as you become aware of a claim or circumstance that may give rise to a claim which could include a client complaint, you discovering an incident or an allegation of harm. Claims should be made in writing and handled in line with the claims notification requirements which will be outlined in your policy wording.
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How do I make a claim?

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What is a Certificate of Currency?

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A Certificate of Currency is issued by an insurance company and is something you can use as proof that your existing insurance policy is valid. It contains all the information regarding your policy. You may be asked from time to time to prove your insurance - for loans to your business, for landlords of your premises, or for certain clients you might have. The moment you purchase your insurance from upcover you can send your proof of insurance to whoever requires it, at just a click of a button.
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What is a Certificate of Currency?

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How quickly do I need to report an incident to my insurer?

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You should notify your insurer as soon as you become aware of any incident, claim, or circumstance that may give rise to a claim. Professional Indemnity insurance typically operates on a "claims made and notified" basis, meaning both the claim must be made against you AND you must notify the insurer during the active insurance period (or discovery period if applicable). Late notification after policy expiry may not be covered unless you have purchased an extended discovery period. Prompt notification is essential to protect your rights under your insurance.
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How quickly do I need to report an incident to my insurer?

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What is a retroactive date?

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A retroactive date is the earliest date from which a claim can arise and still be covered under your policy. Professional Indemnity and certain other claims-made policies will only respond to claims arising from acts, errors or omissions that occurred on or after the retroactive date listed in your policy schedule. If an incident occurred before your retroactive date, it typically will not be covered even if the claim is made during the current policy period. Maintaining continuous cover without gaps helps protect your retroactive date — check your policy schedule or ask your broker if you are unsure of your retroactive date.
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What is a retroactive date?

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