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.
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Intellectual property considerations in IoT innovation
The range of technologies incorporated into IoT devices make protecting them a strategic process of balancing technical and business-specific decisions, which leads us to the question that all IoT-focused businesses should be asking: what are the intellectual property considerations when it comes to IoT innovations?
Plausible or not? EPO’s Enlarged Board of Appeal leaves us in the dark on post-filed data and inventive step
The EPO’s Enlarged Board of Appeal has attempted to clarify the law concerning the doctrine of ‘plausibility’ and the use of post-filed data to support inventive step. The questions answered are of particular relevance to those in the life science sector.
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Lidl v Tesco: Lord Justice Arnold reverses strike out of Tesco’s bad faith counterclaim
In the latest development in the intellectual property fight between Lidl and Tesco, the Court of Appeal has overturned a High Court ruling to strike out Tesco’s bad faith counterclaim. We can now expect the Court to consider whether Lidl’s actions constitute bad faith by repeatedly filing the same mark (‘evergreening’), where the mark may have been obtained for the purpose of bringing legal proceedings, and despite it not being registered strictly in the form that it is used.
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Understanding software licences (part 2)
In the first part of this blog, we explained what a software licence is. In this part we will look at the different types of software licences and share some practical tips to help you get started in terms of producing the software licences you need.
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New rules for R&D Tax relief - what’s changing?
HMRC are introducing big changes to the rules for claiming Corporation Tax relief on their research and development (R&D) projects. If your company carries out R&D and plans to claim for R&D tax relief for SMEs or R&D Expenditure Credit (RDEC), you’ll be affected by these changes.
Potter Clarkson creates ‘highest quality working environment’ in new Chapel Quarter offices
Leading European intellectual property law firm, Potter Clarkson, has relocated its Nottingham office to new premises in the heart of the city.
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Do (A)ndroids (I)nvent Electric Sheep? Supreme Court to determine AI patent inventorship case in UK
Yesterday the UK Supreme Court considered whether artificial intelligence (AI) can be the inventor of a patent under UK law. The Court’s decision will be of significant importance to companies developing AI inventorship solutions, but the question of whether an AI can be an inventor may ultimately be one which requires legislation.
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The UPC Sunrise Period has now started
The three-month Sunrise Period for the Unified Patent Court (UPC) began on March 1st 2023 and is currently in progress until May 31st with the UPC coming into effect on 1 June.
Innovate UK Business Growth and UKIPO offer £2,250 grant for professional IP audit
Innovate UK Business Growth have teamed up with the UK Intellectual Property Office (UKIPO) to offer innovative British businesses a grant to subsidise the cost of a professional IP audit.
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Understanding software licences (part 1)
If you are working with or developing any form of software, you should have a robust licensing agreement in place. But what is a software licence, what does a software licence look like and what types of different licences are there?
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Unified Patent Court will start on 1 June 2023
Today it has been confirmed that Germany has deposited its instrument of ratification of the Agreement on a Unified Patent Court. This means the conditions required to put the Agreement into action have been met so the Unified Patent Court (UPC) will start on 1 June 2023. Unitary Patents will also be available from that date.
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Monkey business: Is machine-created art worthy of copyright?
In a current US copyright infringement case, the defendants, Ryder Ripps and Jeremy Cahen argue that there is no copyright in the well-known bored ape images traded as NFTs by Yuga Labs, Inc. because they were generated by an automated computer algorithm.
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Hermès’ Birkin not drowned by Campbell’s soup: the MetaBirkin decision
Yesterday, French luxury fashion house Hermès won a landmark trial in the US which determined that the “MetaBirkin” NFTs infringe Hermès’ trade marks relating to its iconic Birkin bag. This is the first significant intellectual property judgment relating to NFTs, and brand owners will be delighted that it has gone their way.
Potter Clarkson delighted to be featured in 2023 WTR 1000
Potter Clarkson is delighted to be featured in the 2023 edition of the World Trademark Review (WTR) 1000 - the definitive resource for those seeking world-class trade mark legal expertise.
The future is green: IP and marketing considerations for sustainable fashion brands
The early 21st century saw the seemingly inexorable rise of both online retail and fast fashion. Yet, recent years, as the climate crisis has deepened, have seen a challenge to this approach as consumers, retailers and fashion houses seek to put green credentials and sustainability at the forefront of their respective priorities.
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Toyota in a solid position in solid-state lithium patents
The grant of a patent gives the owner the right to take action against a third party performing an infringing act without their consent. It is the granted claims that define what falls within the scope of the patent. New areas of technology often attract aggressive patent filing strategies where it is the ambition of the patent applicant to obtain the broadest claims possible with each new innovation. Once the patent is granted, it is the responsibility of the patent owner to police it and take action or engage a third party in negotiations if they suspect patent infringement is occurring.