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.
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.
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Can biofuels help shipping achieve a greener future?
Currently, the emissions produced by the shipping industry are the same as the aviation industry. Put into context, this is roughly equivalent to the entire output of Germany. More worryingly, this set to rise along with increasing demand for global merchant shipping.
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UPC’s decision on patentability of a mushroom strain
Judge Brinkman at the Unified Patents Court (“UPC”) has recently handed down a decision on the patentability of a mushroom strain and provided interesting jurisprudence on interim injunctions, delays, and “genetic identity”.
The impact of healthwashing: Why honest labelling matters in the confectionery industry
On the basis of two new cases from the US courts, we have, as a follow-up on our previous article on healthwashing, dived into current EU practice to shed light on misleading health claims in the confectionery industry.
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Decarbonising shipping: cleantech propulsion technologies
Shipping produces nearly 2% of global greenhouse gas emissions. While this is about seven times less than emissions from road transport, in the current climate crisis it is still nearly 2% too much.
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Protecting your IP on social media: tips for safeguarding copyright and trade marks
In this article, Chris Baume delves into how to protect your intellectual property on social media, the process of trade marking a social media handle, and understanding Instagram trade mark infringement.
The need for accurate data collection practices, and some innovation opportunities within the maritime industry
We all love boats. From a kayak to a container ship, there’s just something great about being on the water. We also all love receiving our goods quickly, cheaply and with minimal environmental impact.
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Wave of substantive decisions by UPC in early revocation and infringement actions
In what has been an extremely busy month so far in the UPC, various divisions have handed down full decisions on the merits in some of the first revocation and infringement actions to be filed before the Court back in June and July 2023.
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Haribo's Gummy Bear: More triumphs and trials in trade mark protection in the food and drink industry
The story of part German/part Danish company Haribo's signature gummy bear is a fascinating tale of trade mark protection and legal disputes in the food and drink industry.
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Bet365 sentenced for infringement of image rights of 23 Danish athletes
Hot on the heels of our recent article, Unsportsmanlike Conduct, the Danish High Court has just reached a decision in which they awarded 23 well known Danish athletes (including footballers Christian Eriksen and Pernille Harder and badminton player Viktor Axelsen) damages for the infringement of their image rights by Bookmaker Bet365.
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Unsportsmanlike conduct: The financial impact of IP infringement in sports
While we settle in for a summer of major summer sporting events, including the UEFA EURO 2024, the Tour de France, and the Olympic Games in Paris, the European Union is trying its best to stem a troubling increase in illegal sports streaming and counterfeit sporting goods.
UPC to hear revocation claim following Court of Appeal ruling on ineffective opt-out
In the first major UPC ruling on the validity of opt-outs, the Court of Appeal dismissed a preliminary objection to the UPC’s jurisdiction to hear a revocation action on the basis that the opt-out filed in respect of the European Patent was defective.
G1/24 - Referral to EPO’s Enlarged Board of Appeal on claim interpretation
An EPO Board of Appeal has requested clarification from the Enlarged Board of Appeal concerning how the claims of a patent or application are to be interpreted, particularly whether and to what extent the description and figures may be used.
London, Milan, New York, Durham: Durham’s elite charity fashion show raising £230k in a year
Durham University, known for its rich academic past and historical architecture, is host to one of the most prestigious university charity events of the year - the Durham University Charity Fashion Show (DUCFS). Raising £230,000 for charity this year alone, DUCFS is Europe’s largest student-led fundraiser. So where does IP fit in?