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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 19555
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Assume company A enters into a services agreement with company

Customer Question

Assume company A enters into a services agreement with company B (an R&D services provider). A fully indemnifies B for any 3rd party IP infringement with regard to the materials that A provides to B. A and B become aware of 3rd party IP within a specific material A plans to provide to B;m A does not have a license to that IP. If B accepts the material from A, even given the full indemnification from A, is B's risk any greater because it is aware of the 3rd party IP infringement?
Submitted: 11 months ago.
Category: UK Law
Expert:  Jo C. replied 11 months ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

Thanks for your interest in me but its not really my area.

I will pass this onto somebody who can help.
Expert:  Stuart J replied 11 months ago.

Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousand's of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in
minutes, particularly evenings and weekends. Please bear with me in that case.

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

My colleague has asked me to look at this.



-Could you explain your situation a little more?
Customer: replied 11 months ago.

I know I phrased things rather esoterically, but please regard it as a hypothetical situation wherein there are no further details. It’s the potential risk to B that I’m trying to discern in its knowing that the material is subject to 3rd party IP (as opposed to B not knowing this).

Expert:  Stuart J replied 11 months ago.
Knowledge is really important. If B knows of the infingement but accepts anyway, B has no rights against A.
If B doesnt know and accepts goods and is sued by IP owner, B can bring A in as second defendant.
Does that answer?
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 19555
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
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