Intellectual property
Defence costs and damages when you are accused of infringing a patent, trademark or copyright, and on some forms the cost of pursuing someone who infringes yours.
On the schedule
| Also called | IP infringement, patent infringement cover |
|---|---|
| Family | Liability |
| Responds when | A competitor or a rights holder alleges your product or process infringes their IP. |
Which industries carry it
| Usually held by | none of the twenty classes as a usual line; bought for a specific exposure |
|---|---|
| Often needed, often lacking | Software and SaaS, Media and marketing |
Standards this line engages
7 clausesClause text quoted from a human-verified compliance corpus under licence. Clauses marked for APRA-regulated buyers or US insurance licensees appear on a register only for those buyers.
ISO 31000 6.5.2 Selection of risk treatment optionsGuidance: choosing treatment options balances the benefits for the objectives against the cost, effort and disadvantages of implementing them. Options are not mutually exclusive and not all fit every situation; they include avoiding the risk by not starting or continuing the activity, taking or increasing the risk to pursue an opportunity, removing the risk ...
Common gap: Only mitigation considered; avoiding, taking or sharing never on the table
ISO 31000:2018 on compliance.theartofservice.com
ISO 31000 6.4.2 Risk identificationGuidance: risk identification finds, recognizes and describes the risks that might help or prevent the organization achieving its objectives, and depends on relevant, appropriate and current information. A range of techniques can be used to find the uncertainties that affect objectives, and the following factors and the relationships between them should be c...
Common gap: Only threats identified, never opportunities
ISO 31000:2018 on compliance.theartofservice.com
COSO ERM principle 6 Analyzes Business ContextThe organization considers potential effects of business context on risk profile.
Common gap: No structured environment scanning
COSO ERM 2017 on compliance.theartofservice.com
ISO 31000 6.4.3 Risk analysisGuidance: risk analysis builds an understanding of the nature and characteristics of a risk, including its level where appropriate, by considering in detail uncertainties, sources, consequences, likelihood, events, scenarios, controls and how effective they are; one event can have several causes and consequences and touch several objectives. Analysis can be ...
Common gap: Control effectiveness assumed rather than assessed
ISO 31000:2018 on compliance.theartofservice.com
ISO 31000 6.3.4 Defining risk criteriaGuidance: the organization should specify the amount and type of risk it may or may not take relative to its objectives, and should define criteria for judging the significance of risk and supporting decisions. Risk criteria should align with the framework and be customized to the purpose and scope of the activity; they should reflect the organization's valu...
Common gap: A five-by-five matrix with no definition of what a consequence level means
ISO 31000:2018 on compliance.theartofservice.com
COSO ERM principle 13 Implements Risk ResponsesThe organization identifies and selects risk responses.
Common gap: Response chosen without analysis
COSO ERM 2017 on compliance.theartofservice.com
COSO ERM principle 11 Assesses Severity of RiskThe organization assesses the severity of risk.
Common gap: Subjective scoring only
COSO ERM 2017 on compliance.theartofservice.com
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