News
The latest insights, sector developments and case updates from Potter Clarkson. Explore up-to-date content from our experts and stay informed on the issues shaping the IP landscape.
Excipient or active ingredient? CJEU requested to rule on Articles 1(b) and 3(a) of the SPC Regulation
The Supreme Administrative Court in the Czech Republic has referred questions to the Court of Justice of the EU (CJEU) about whether a substance categorised as an excipient in a marketing authorisation can nevertheless be considered an active ingredient in the context of an application for a Supplementary Protection Certificate (SPC), and about the information required for an additional active ingredient to be “specifically identifiable” based on the patent.
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Greenwashing in cosmetics: The evolution of the cosmetics industry and the likely impact of approaching EU regulations
In recent years, greenwashing in cosmetics has come under increased legal scrutiny.
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UPC Court of Appeal upholds PI in dispute concerning outdoor equipment
The UPC Court of Appeal (“CoA”) has sided with the Düsseldorf Local Division in upholding a preliminary injunction (PI) granted in respect of sales of Mammut’s avalanche rescue device in Germany and Austria.
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Proteotype Diagnostics awarded £1.5 million Cancer Mission Grant to advance early cancer detection with innovative Enlighten™ test
We are delighted to report that our client, Proteotype Diagnostics Ltd, has just been awarded a £1.5 million Cancer Mission Grant to advance the groundbreaking work they have been doing in early cancer detection with their innovative Enlighten™ test.
The Legal 500 2025
Potter Clarkson has once again been highly recognised in the 2025 Legal 500 rankings, a leading guide for clients seeking top law firms, attorneys, and solicitors.
Femtech and AI: Data is king
The role of artificial intelligence (AI) in the health sector is expanding, aiming to bring personalised healthcare to a broader audience. In the realm of femtech (the term used to define software and services that use technology tailored towards women’s health), AI’s significance is particularly pronounced.
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Food fraud and counterfeiting in the EU: An analysis of recent trends
Food fraud and counterfeiting are still significant challenges within the European Union, with far-reaching consequences for consumer trust, public health, and the integrity of the foodtech and agritech sectors.
Improve your chances of getting your patent granted at ex-parte oral proceedings
Following attempts to convince an examiner to grant your patent application, the arrival of a summons to oral proceedings can sometimes feel like a strong indicator to concede defeat and give up. After all, the European examiner has concluded that progress towards grant has stalled and wishes to bring the procedure to a close at an oral hearing.
How data can help decarbonise ports
Global shipping makes up about 2-3% of global carbon emissions. Although that might not sound like a lot, it is unfortunately 2-3% of quite an alarmingly high number. As I mentioned in my previous article (which you can read here), big data can and should be used to help propel the decarbonisation process of the maritime industry towards its ambitious climate targets.
The importance of transparent vegan labelling and the risk of greenwashing in the chocolate industry
In recent years, the demand for vegan products has surged, driven by growing consumer awareness of animal welfare, environmental sustainability, and personal health.
"Awaken, the warrior of light": Lessons we can learn from Ultraman
The effect of rapid development of generative AI on copyright law continues to challenge the lawmakers and courts. Whilst the UK High Court is yet to reach its decision on liability for copyright infringement in the AI training data in Getty Images v Stability AI, the Chinese case of Ultraman became the first to recognise liability of AI-generated content for copyright infringement.
Misleading and potentially illegal: The risks of using 'not...' in reference to protected products and names
The use of "not..." in conjunction with product names has become a contentious issue in law, particularly concerning terms that are legally protected or where certain criteria need to be met in order to use the description.
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Court of Appeal confirms that UPC has no jurisdiction over Ireland (at least not yet)
The UPC Court of Appeal recently ruled that a preliminary injunction cannot extend to cover activities in Ireland on the basis that it is not a Contracting Member State.
Alt-chocolate: How confectioners are finding more sustainable ways of producing chocolate
As both climate change and increased environmental pressures continue to make traditional cocoa production increasingly unsustainable, confectioners are making even greater efforts to find more sustainable ways of producing chocolate.
Does a commercially available product make your invention unpatentable?
A preliminary view (G 1/23) from the European Patent Office may push technology businesses in all fields to re-evaluate their commercial planning and IP strategies. The view focusses on when a commercially available product that was on sale before the filing date, but is not easily reproducible, negatively impacts patentability of new technology. We expect that the impact will be felt most strongly in the chemistry and software sectors and explore the implications below.
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Can anti-fouling innovations help shipping become more environmentally friendly?
Let’s take a dive into the innovative anti-fouling technologies designed to make our ships cleaner and greener.