I take your point to 1 & 3. Regarding 2: what can we say that the claims would come from the licensee`s customers? They could come from anywhere, for example. B from other university licensees or former students who claim that they own the intellectual property and that the use of the sponsor is violated. This compensation represents the sponsor to some extent as an insurer, which is why we would always only compensate for use in violation of our license terms. Therefore, compensation is similar to debt collection. You want compensation for the most significant risks that may arise under your contract. You can always take legal action for treaty violation and get money through awarded damages. However, it`s less likely that your business will have to fight financially if you can get compensation faster without having to prove a mistake. The clause shows how an exemption can be limited: procedural aspects. The extent and nature of such compensation varies considerably from jurisdiction to jurisdiction.

In some countries, compensation may be claimed in legal proceedings by such a third party, after which the party providing the compensation would place itself in the position of the party with the advantage of compensation. In other countries, civil procedure law does not provide for such a right (or obligation) of replacement, but requires the compensated party to continue the legal proceedings, regardless of his or her right to take legal action against the released party. As previously stated, IP Draughts sees a trend towards service providers who demand significant compensation from their customers and customers. He wonders if this trend is based on more than the herd`s drive. Over the years, he has seen many other cases of changes in the wording of the “standard” contract, which seem to be based on general trends and little more. For example, confidentiality obligations that require written confirmation of orally disclosed information, license conditions contained in patent licensing agreements, which limit royalties for patent applications to patent applications no older than X years, and examination clauses limiting the right of examination to one or two years after payment. If you get a contract with a indemnification clause, you should look at the compensation on both sides. You can promise to keep the other party (the compensation destroyer) unharmed, or the other party promises to keep you (the indemnification party) unharmed. The Customer releases the Supplier and each of its partners and partners (each of the “Indemnified” above) from any act, claim, loss, liability, damage, costs, costs and expenses that he or she may incur in any jurisdiction or that, in the course or in the context of a person directly or indirectly, is legitimate; advisory services or the role of a compensated person in this context.

except in all cases, to the extent that this is due to a breach of the contractual conditions by the supplier, fraud, negligence or wilful omission of a compensated person or a material breach by such a compensated person against any law applicable to that person. . . .