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ARTICLE · 26 MARCH 2013

Obligations To Defend And Indemnify In A Licence Agreement

Blake, Cassels & Graydon LLP
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A software licence, alleged patent infringement, obligations to defend and indemnify, arbitration and an appeal to a court were all dealt with by a Canadian court in Coastal Contacts Inc. v. Elastic Path Software Inc.

CanadaIntellectual Property
Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
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A software licence, alleged patent infringement, obligations to defend and indemnify, arbitration and an appeal to a court were all dealt with by a Canadian court in Coastal Contacts Inc. v. Elastic Path Software Inc.

On a motion for leave to appeal an arbitration decision, the British Columbia Supreme Court (the Court) addressed the claim of a software licensee against its licensor for breach of the licensor's duty to defend and indemnify the licensee in a suit by a third party alleging patent infringement by the licensee's use of the software.

The decision discusses the requirements to appeal an arbitration award and teaches several lessons to both licensors and licensees.

Licence Agreement

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