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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.

UK comparable trade marks: grace period ends soon
UK comparable trade marks: grace period ends soon
Article
Oct 13, 2025
3 min

UK comparable trade marks: grace period ends soon

As 2025 draws to a close, brand owners face an important deadline that could affect their UK trade mark rights. From 1 January 2026, it is no longer possible to rely on evidence of use in the EU to maintain the validity of UK comparable trade marks (often called “Brexit clones”). This marks the end of the grace period for use, originally set out in the UK/EU Withdrawal Agreement.

Chambers and Partners 2026
Chambers and Partners 2026
Firm News
Nov 1, 2025
3 min

Chambers and Partners 2026

We’re proud to announce that Potter Clarkson has once again been recognised in the Chambers UK Guide 2026.‍‍

Article
January 8, 2024
8 min

What data is used to train an AI, where does it come from, and who owns it?

Artificial intelligence (AI) relies on large amounts of data. Machine learning algorithms learn to find inter-dependencies and patterns amongst data sets and apply those learnings to any new data it is presented with. It follows that the higher the volume and quality of the data (being uniform, diverse, comprehensive and relevant), the more accurate the algorithms.

Artificial Intelligence
Software
Electronics & Computing
Copyright
Licensing & Commercial Agreements
Litigation
Article
January 4, 2024
6 min

Trade secrets: Protection and employee risk

What do Coca-Cola, WD-40, and Chanel No 5 have in common? The answer is simple. They are all protected trade secrets as no one but the manufacturers have the recipe.

FMCG
Software
Electronics & Computing
Trade Secrets
IP Audits
Article
January 2, 2024
2 min

Evidencing infringement before the UPC – saisie procedure

Under the UPC rules, an applicant can seek an order to preserve evidence or permit inspection of evidence. This procedure resembles the "Saisie-Contrefaçon" procedure, a common feature of patent litigation in France.‍

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UPC Litigation
Patents
Article
January 2, 2024
4 min

Pursuing EPO Oppositions and UPC revocation actions in parallel

The UPC operates as a further, or alternative forum, in which European patents that have not been opted out can be centrally revoked across Europe. So, in what scenarios should businesses consider seeking revocation of competitors’ patents in the UPC?‍

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EPO Oppositions
Patents
UPC Litigation
Article
January 2, 2024
6 min

What is opting-out?

All European patents with unitary effect (that is, Unitary Patents) must use the UPC for infringement or invalidity proceedings. This is not the case for European patents that are validated in a participating Member State, whether granted before or after the UPC comes into force.

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UPC Litigation
Patents
White Paper
January 2, 2024

Creating the right IP strategy to maximise the value of your innovation

An IP strategy is the part of your business plan that sets out exactly how you plan to develop, protect, use and - most importantly - commercialise your intellectual property (IP) so your innovation can achieve its maximum value.

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IP Strategy
Article
January 2, 2024
4 min

What are protective letters?

Patentees under the jurisdiction of the UPC are able to seek and may be granted provisional measures, ex parte, without hearing the respondent.

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UPC Litigation
Patents
Firm News
January 2, 2024
1 min

Potter Clarkson celebrates eight promotions

Potter Clarkson is delighted to announce eight well-deserved promotions, effective January 1, 2024, marking a successful end to the year.

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Article
January 1, 2024
4 min

What is a Unitary Patent?

The European Patent with unitary effect, or Unitary Patent (UP), is a single right that covers all of the participating Member States of the European Union.

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Case Update
December 21, 2023
6 min

DABUS: The Supreme Court of the UK rules on inventorship by AI

The UK Supreme Court has handed down its judgment on whether AI can be named as an inventor for a patent application. This judgment is concerned with the relatively narrow question of whether an AI-powered machine can be an inventor. It does not address the broader question of whether inventions generated by AI-powered machines should be patentable. This distinction is important both for interpreting the judgment and for applicants seeking protection for software inventions.

Artificial Intelligence
Software
Electronics & Computing
Patents
Article
December 19, 2023
4 min

EU’s olive oil counterfeiting raid raises huge intellectual property concerns

Law enforcement agencies in Spain and Italy apprehended 11 individuals and confiscated over 5,000 litres of poor-quality olive oil. The raid has dismantled an international syndicate that purportedly aimed to gain from selling lower-cost oils as higher-value counterparts. It also raises huge intellectual property (IP) concerns as the threat of counterfeit food products continues to grow.

Food & Agritech
FMCG
Artificial Intelligence
Brand Enforcement
Trade Marks
Patents
Copyright
Article
December 14, 2023
6 min

Maximising start-up investment with intellectual property

Every new business grows out of an idea. However, to turn a great idea into a great business you’ll need the support of a solid business plan that plots exactly how you plan to turn your great idea into a great business.

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IP Strategy
Investor Ready
Freedom to Operate
Patents
Trade Marks
Designs
Trade Secrets
Licensing & Commercial Agreements
Case Update
December 12, 2023
9 min

Lessons from Mylan v Gilead for those seeking to “launch at risk” (and those seeking to stop them)

The AG Opinion in Mylan vs Gilead provides useful guidance as to when parties may obtain “appropriate compensation” from rights holders for wrongly granted interim measures.

Life Sciences
Patents
SPCs & Regulatory
Litigation
Article
December 12, 2023
3 min

Norway underlines their commitment to agritech and foodtech

Norway have just made a very public commitment to the agritech and foodtech sectors.

Food & Agritech
Biotech
Artificial Intelligence
Electronics & Computing
Energy & Cleantech
Patents
Trade Marks
Article
December 4, 2023
5 min

Adapting business strategies: Meeting the challenges around novel foods in the EU

Typically, foods can be introduced into the European market without pre-approval. However, novel foods and their ingredients are an exception due to the lack of adequate knowledge regarding their safety.

Food & Agritech
Biotech
IP Strategy
Case Update
November 30, 2023
2 min

From middle-aged US dads to Gen Z celebrities: the New Balance “dad shoe” vs Golden Goose Dad-Star

Once designated the ultimate go-to shoe for middle-aged dads in the US, the New Balance “dad shoe” is now a global phenomenon which has helped catapult New Balance in to a $5 billion business. But does New Balance own getup in the dad shoe, and can it protect them against copycats? An ongoing US case against luxury brand Golden Goose challenges this notion.

Fashion & Apparel
Creative Industries
FMCG
Trade Marks
Brand Enforcement
Litigation
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