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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
September 29, 2023
9 min

Is net zero in the UK at risk?

Criticisms of the UK Prime Minister’s recent announcement that several net zero policies will be diluted are fuelling debate on whether the UK can continue to lead on climate action if it is seen as back-tracking on climate policies. Do his comments signal that net zero in the UK could be at risk?

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Article
September 28, 2023
5 min

Understanding IP due diligence for seed and pre-seed start-ups

In the realm of start-ups and investments, investors are now placing an increasingly high value on the critical role IP plays in the growth trajectory of start-ups. As a result, many are now asking IP professionals to provide them with independent verification that the start-ups they are interested in genuinely understand IP and, more importantly, how to use it strategically to underpin their growth and future success.

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IP Due Diligence
Freedom to Operate
IP Strategy
Licensing & Commercial Agreements
Case Update
September 27, 2023
3 min

UPC delivers a landmark preliminary injunction in the life sciences sector

In a landmark ruling the local division of the Unified Patent Court (UPC) in Munich issued a preliminary injunction against NanoString Technologies based on European Patent 4 108 782 B1, successfully asserted by 10x Genomics and President and Fellows of Harvard College (licensee and patentee).

Life Sciences
Biotech
Patents
Litigation
UPC Litigation
life sciences
Case Update
September 27, 2023
3 min

UPC delivers a landmark preliminary injunction in the life sciences sector

In a landmark ruling the local division of the Unified Patent Court (UPC) in Munich issued a preliminary injunction against NanoString Technologies based on European Patent 4 108 782 B1, successfully asserted by 10x Genomics and President and Fellows of Harvard College (licensee and patentee).

Life Sciences
Biotech
Patents
Litigation
UPC Litigation
Article
September 26, 2023
6 min

Danish companies challenged for misusing geographical indications in the latest phase of Operation Opson

In the spring of 2023, an extensive investigation into geographical indications was launched in 26 European Countries during the latest phase of Operation Opson.

Food & Agritech
FMCG
Brand Enforcement
Article
September 21, 2023
12 min

Navigating the rising threat of greenwashing enforcement

As the world becomes ever hungrier for environmentally friendly products, the potential for companies to fall foul of greenwashing continues to grow.

Energy & Cleantech
FMCG
Litigation
Brand Strategy
Article
September 21, 2023
7 min

Counting your chickens before they hatch? Protecting innovation in the egg industry

Eggs are serious business, with 12.6 billion eaten each year in the UK (or 188 per capita), and meeting this demand requires the efforts of over 39 million commercial hens.

Biotech
Food & Agritech
Life Sciences
Medtech & Digital Therapeutics
Synthetic Biology
Patents
Freedom to Operate
IP Due Diligence
Article
September 19, 2023
10 min

What’s brewing in the field of fermentation?

As you’re participating in the Food & Bio Summit, you will have a serious interest in the biotechnical aspects of the food and drink industry.

Biotech
Food & Agritech
Artificial Intelligence
Software
FMCG
Life Sciences
Patents
IP Strategy
Investor Ready
Freedom to Operate
Licensing & Commercial Agreements
Article
September 18, 2023
3 min

How do certain brands get away with lookalike products?

In a recent decision from the EUIPO Board of Appeal, it was found that the there was a confusing similarity between the JÄGERMEISTER and ST. JOSEPH (as shown below) trade marks despite their aurally dissimilar word elements and conceptually dissimilar figurative elements. This has again opened up an age old debate, how do certain brands get away with lookalike products?

FMCG
Food & Agritech
Trade Marks
Brand Enforcement
Litigation
Designs
Article
September 11, 2023
1 min

Don’t risk losing your cloned UK trade marks

Have you checked to make sure you have a UK representative appointed for your UK cloned trade mark registrations?

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Trade Marks
Brand Enforcement
Litigation
Article
September 11, 2023
15 min

UPC revocation actions offer an attractive patent strategy

The Unified Patent Court, or UPC, undoubtedly represents the biggest shake up to the European patent system in modern history.

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UPC Litigation
Patents
Litigation
IP Strategy
EPO Oppositions
Article
September 4, 2023
2 min

IP in software: Software for the entertainment and communication industry

Today, with hardware performance improving and cost falling, more and more entertainment services are moving online or becoming more accessible.

Software
Creative Industries
Electronics & Computing
Patents
IP Strategy
Licensing & Commercial Agreements
Article
September 1, 2023
10 min

Proposed changes to pharmaceutical regulatory exclusivities in Europe

In April this year, the European Commission submitted its proposals for revisions to the EU’s pharmaceutical legislation governing the authorisation of medicinal products.

Life Sciences
Biotech
SPCs & Regulatory
Patents
IP Strategy
Article
September 1, 2023
3 min

What are the IP ownership options?

When it comes to intellectual property (IP) ownership, a business has several options. Choosing the best option will depend on the nature of the IP, your commercial objectives and the associated legal obligations. However - generally speaking - the IP ownership options open to you will include:

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Licensing & Commercial Agreements
IP Strategy
IP Due Diligence
Trade Marks
Patents
Copyright
Case Update
August 29, 2023
10 min

Can we fix it? Copyright fixation in Wright v BTC Core

Court of Appeal overturned the High Court's finding that the claimants had no real prospect of establishing copyright in the Bitcoin File Format because it had not been “recorded, in writing or otherwise”. This is one of the rare cases about the requirement of copyright fixation, which demonstrates how the English courts apply the existing, 35-year-old, copyright law to new technologies.

Software
Electronics & Computing
Copyright
Litigation
Patents
Case Update
August 22, 2023
9 min

X (trade) marks the spot

You will have done well to miss the news that Twitter has shed its old skin and emerged from the social media cocoon with a new identity as "X".

Software
Creative Industries
Electronics & Computing
Trade Marks
Brand Enforcement
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