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.

What are the most faked brands online today?

Counterfeit products are everywhere. According to the US National Crime Prevention Council, it is now an industry that boasts an annual turnover of $2 trillion, a huge increase on the $464bn the OECD estimated in 2016. It is also an industry that has diversified massively.

Fashion & Apparel
Creative Industries
FMCG
Electronics & Computing
Brand Enforcement
Trade Marks
Designs

Brochure: Re-establishment of the right of priority for a Euro-PCT

If an international patent application was filed after the expiry of the priority year, the right to claim priority will only be recognised by the EPO if a request for re-establishment of the right of priority is allowed under the “all due care” criteria.

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Restoration
Patents

Agri-informatics: Protecting data science innovation in agriculture

From nets of environmental sensors and smart irrigation networks to AI-guided tractors and drone-mounted crop surveillance, there is something altogether digital going on down on the farm.

Food & Agritech
Artificial Intelligence
Software
Electronics & Computing
Patents
Trade Secrets
Designs
Licensing & Commercial Agreements
IP Strategy

What does the future hold for regenerative agriculture?

Agriculture is one of the earliest technological innovations in human history.

Food & Agritech
Artificial Intelligence
Energy & Cleantech
Patents
Trade Secrets
IP Strategy

Who owns AI-generated works?

Businesses are continuing to find new ways to take advantage of AI. Large language models such as ChatGPT can be used to edit marketing copy, write computer code, generate images, and automate workflows. The recent ruling of a US federal court that AI-generated art cannot be copyrighted was therefore met with quite substantial consternation. Innovators want to use AI, but they are worried about protecting their creations and works.

Artificial Intelligence
Creative Industries
Copyright
Patents

The impact of REULA on copyright law: navigating the post-Brexit landscape

The Retained EU Law (Revocation and Reform) Act 2023 (REULA) came into force on 1 January 2024 and has some significant implications for IP law. Much IP law in the UK is derived from EU law - both implemented EU law and case law decided in view of EU law. REULA could impact all of the above.

Creative Industries
Copyright
Designs

Is it becoming more relevant to avoid greenwashing?

So, is it becoming more relevant to avoid greenwashing? The short answer is “YES”!

FMCG
Food & Agritech
Brand Strategy
Trade Marks

Fashion: the IP edit

The primary competitive advantage for many businesses, including those in the fashion industry, is innovation. So where does intellectual property (IP) fit in? In this article we explore the various forms of IP relevant to the fashion industry and why this is important for brands.

Fashion & Apparel
Creative Industries
FMCG
Designs
Trade Marks
Copyright
Patents
Trade Secrets
Licensing & Commercial Agreements

Fashionable patterns and IP

Some luxury fashion houses have their own signature patterns: The Burberry check, Louis Vuitton Damier Azur and Prada Symbole being the most famous examples. These are notably printed across luggage and accessories with the print as the main feature. On clothing, the pattern is usually applied more subtly, such as on the lining of a jacket, across the collar, or as even more discreet features, such as on the hem.

Fashion & Apparel
FMCG
Creative Industries
Trade Marks
Brand Enforcement

How do you market the sweet taste of rum?

A decision on 7 March 2024 from Miljø - og Fødevareklagenævnet in Denmark has finally given us some long-desired guidance to the producers of sweet rum on how to market and label their products.

FMCG
Brand Strategy
Trade Marks

Confidentiality as currency: Protecting and leveraging trade secrets in biotech

Anybody who has worked in a lab will know that getting a protocol to work isn’t as simple as just following the instructions printed in a journal. Even routine optimisation takes a lot of time, once you know the secret it’s easy to replicate, and protecting this knowledge can be very valuable to biotech companies.

Biotech
Life Sciences
Trade Secrets
Patents
Licensing & Commercial Agreements
Potter Clarkson Gothenburg

Potter Clarkson expands in Sweden with Gothenburg office

Potter Clarkson is expanding its presence in Sweden with a new office at GoCo Health Innovation City in Gothenburg.

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The gloves are on, and they’re getting safer! Some recent innovations in fighting glove technology

I’m a big fan of safety, but even I have to admit that there is something uniquely thrilling about sports dedicated to beating the snot out of one another. This provides quite an interesting and important question: how can you make something so inherently unsafe, safe? In this article, I will discuss some recent innovations in fighting glove technology.

Sportstech
Advanced Materials
Engineering
Fashion & Apparel
Creative Industries
FMCG
Patents

Will the UK’s Science and Technology Framework boost UK innovation?

In a press release earlier this month, the UK government unveiled several new announcements to drive innovation in science. This comes alongside a rallying call “to put science and technology at the very top of the UK’s priorities”.

Artificial Intelligence
Biotech
Communications
Electronics & Computing
Patents
Trade Secrets

Embracing sustainable fashion through upcycling and navigating the legal landscape

In this four-part Sustainability Series, we explore what the EU and fashion brands are doing to address sustainability, including through strategies and utilising innovative fabrics and manufacturing processes.

Fashion & Apparel
Creative Industries
FMCG
Trade Marks
Copyright
Designs
Brand Enforcement

Healthwashing: The Danish Food and Drug Administration investigates health claims on nutritional supplements

In the most recent public crackdown on ‘healthwashing’ The Danish Food and Drug Administration has announced they are about to actively investigate certain companies’ claims that their nutritional supplements can cure diseases, relieve pain, or deliver any other health benefit.

Food & Agritech
Brand Enforcement