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

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.

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Trade Marks
The Legal 500 2026

The Legal 500 2026

Potter Clarkson has once again been highly recognised in the 2026 Legal 500 rankings, a leading guide for clients seeking top law firms, attorneys, and solicitors.

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UPC grants first UK injunction

UPC grants first UK injunction

Following its previous widely-reported ruling earlier this year, the Mannheim Local Division has now issued its decision in respect of the UK aspect of the infringement proceedings brought by FujiFilm, marking the first time that the UPC has granted an injunction which applies to the UK.

Creative Industries
Electronics & Computing
Patents
UPC Litigation
Can space agriculture tackle the food crisis and how is IP enforced in space?

Can space agriculture tackle the food crisis and how is IP enforced in space?

Space agriculture (or as you may know it, space-based AgTech, astroagriculture, exo-agriculture, off-earth farming or extraterrestrial food systems) refers to agricultural technologies and systems developed or tested in space.

Biotech
Food & Agritech
Spacetech
Synthetic Biology
Freedom to Operate
IP Strategy
Licensing & Commercial Agreements
Patents
Potter Clarkson launches landmark patent landscape analysis of the SynBio revolution

Potter Clarkson launches landmark patent landscape analysis of the SynBio revolution

From engineered microbes cleaning up environmental waste to CRISPR-edited cells powering next-generation therapies, synthetic biology is shaping industries, economies, and everyday life.

Biotech
Synthetic Biology
IP Strategy
Patents

The SPC Manufacturing Waiver in Practice: Legal Framework and Emerging Jurisprudence

The SPC manufacturing waiver, introduced in 2019 under Regulation (EU) No 2019/933, marked a pivotal development in EU pharmaceutical law.

Life Sciences
SPCs & Regulatory
Patents
Can CRISPR and RNAi help us develop new and more sustainable fruits and vegetables?

Can CRISPR and RNAi help us develop new and more sustainable fruits and vegetables?

Gene editing technologies like CRISPR and RNA interference (RNAi) are revolutionising agriculture.

Biotech
Food & Agritech
Synthetic Biology
Patents
Referral on EPO description amendments confirmed (G1/25 - “Hydroponics")

Referral on EPO description amendments confirmed (G1/25 - “Hydroponics")

A Board of Appeal at the EPO has referred questions to the Enlarged Board of Appeal (EBA) in connection with inconsistencies between the claims and description of a European patent vs. those of a European patent application (pre-grant vs. post-grant).

Life Sciences
EPO Oppositions
Patents
UK approach to plausibility remains unchanged despite EPO’s G2/21

UK approach to plausibility remains unchanged despite EPO’s G2/21

In the recent decision Generics v AstraZeneca, the UK Court of Appeal confirmed that the UK’s approach to ‘plausibility’ remains unchanged despite the EPO Enlarged Board of Appeal decision G2/21.

Life Sciences
EPO Oppositions
Patents
Proposed reforms to regulatory exclusivities from the European Parliament and Council

Proposed reforms to regulatory exclusivities from the European Parliament and Council

In April 2023, the European Commission adopted a comprehensive package of proposed reforms to the legislation governing the authorisation of medicines in the EU.

Life Sciences
Patents
SPCs & Regulatory

New UPC CMS launched

The revamped UPC Case Management System (‘CMS’) is now live. The objective of the new CMS is to simplify access for users. This will be a welcome update for IP practitioners who have in the past experienced various issues when using the old CMS.

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Patents
UPC Litigation
UK SPC law changes from 1 January 2025: what you need to know

UK SPC law changes from 1 January 2025: what you need to know

The implementation of the Windsor Framework on 1 January 2025 marked a significant turning point in the UK’s regulatory landscape for human medicines.

Life Sciences
Patents
SPCs & Regulatory
G 1/23: Enlarged Board of Appeal redefines prior art in Europe

G 1/23: Enlarged Board of Appeal redefines prior art in Europe

The Enlarged Board of Appeal of the European Patent Office has issued a landmark decision (G1/23) significantly altering the interpretation of what constitutes prior art.

Advanced Materials
Energy & Cleantech
Industrial Chemistry
Freedom to Operate
IP Strategy
Patents
The Cali Fund and DSI: What life sciences and biotech companies need to know now

The Cali Fund and DSI: What life sciences and biotech companies need to know now

At a recent webinar hosted by the BioIndustry Association (BIA), speakers from DEFRA and Covington outlined the current state of play. Here are the key takeaways for companies working with DSI, and some early steps they can take.

Biotech
Synthetic Biology
Kick-StartiP
IP Audits
IP Strategy

Temporal scope of jurisdiction clarified by UPC Court of Appeal

The Court of Appeal (CoA) confirms the UPC’s jurisdiction over infringements committed before 1 June 2023 and during an opt-out period where the European patent is subsequently opted back into the jurisdiction of the UPC.

Engineering
Patents
UPC Litigation

€90 million in counterfeit food and drink seized: a wake-up call for IP and public health in the EU

A new report from the European Union Intellectual Property Office (EUIPO), released in June 2025, has laid bare the growing scale and sophistication of food and drink counterfeiting across Europe.

FMCG
Brand Clearance
Brand Enforcement
Brand Strategy
Trade Marks