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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.‍‍

Creating value from IP rights in Asian markets
Article
October 20, 2020
5 min

Creating value from IP rights in Asian markets

Businesses operating in Asian markets often overlook a key form of intellectual property protection – utility models. Here, we explain how to secure maximum value from these advantageous rights that are currently under-utilised by non-Asian organisations.

No items found.
IP Strategy
Patents
Novartis SPC CJEU withdrawal: no answer on a non-issue?
Case Update
October 16, 2020
5 min

Novartis SPC CJEU withdrawal: no answer on a non-issue?

The referring Court has withdrawn its request for a preliminary ruling by the Court of Justice of the European Union (CJEU) on the interpretation of Art. 3(c) of the Regulation on Supplementary Protection Certificates (SPCs) relating to Novartis’ attempts to obtain more than one SPC for its antibody product canakinumab.

Life Sciences
Biotech
SPCs & Regulatory
Patents
Digital Access Service (DAS) now available for EUIPO design registrations
Article
September 22, 2020
2 min

Digital Access Service (DAS) now available for EUIPO design registrations

The Digital Access Service (DAS) is a database for priority documents established and administered by the World Intellectual Property Office (WIPO).

No items found.
Designs
Article
August 2, 2020
4 min

Brexit update: trade marks and domain names

With the withdrawal agreement ratified in late 2019, the UK formally left the European Union on 31 January 2020, entering an additional 11 month transition period.

No items found.
Trade Marks
Extendable hose patent appeal unravels before the Court
Case Update
July 22, 2020
5 min

Extendable hose patent appeal unravels before the Court

In 2019, the IP community was captivated by a High Court judgment which told the unique story of how a Florida inventor, Mr Berardi, developed a new, expandable garden hose in his back garden, which he later patented.

Engineering
Patents
Litigation
close up of eye
Case Update
July 15, 2020
10 min

Santen and SPCs: the Neurim bubble has burst

In a recent judgment surrounding ophthalmic pharmaceutical product manufacturer Santen, the Court of Justice of the European Union (CJEU) has further limited opportunities for pharmaceutical companies to obtain Supplementary Protection Certificates (SPCs) for new applications of old products.

Life Sciences
Biotech
SPCs & Regulatory
Patents
Case Update
July 9, 2020
5 min

UKIPO highlights the need to choose between paediatric incentives

In a recent decision (BL O/321/20), the UK Intellectual Property Office (UKIPO) considered the interplay between the different incentives available under EU law for research into the paediatric use of new medicinal products.

Life Sciences
SPCs & Regulatory
Patents
Case Update
July 7, 2020
6 min

CJEU ruling the shape of things to come for designers?

After considering the case of two prominent bicycle designs, the Court of Justice of the European Union (CJEU) has judged copyright protection may apply to a product whose shape serves a technical function.

Engineering
Copyright
Designs
Patents
Case Update
June 26, 2020

Falling short of a sufficient disclosure

In a case concerning genetically modified mice that are engineered to produce a range of hybrid human/mouse antibodies, the multinational biotech company Regeneron sued Cambridge company Kymab for patent infringement.

Biotech
Life Sciences
Patents
Litigation
Case Update
May 15, 2020
14 min

No SPC crown for Royalty Pharma

The Court of Justice of the EU (CJEU) has handed down its judgment in Royalty Pharma (C-650/17) on the interpretation of Art. 3(a) of the EU’s Regulation on Supplementary Protection Certificates (SPCs).

Life Sciences
Biotech
SPCs & Regulatory
Patents
Strictly confidential: Trailfinders case sheds light on trade secrets protection
Case Update
April 16, 2020
7 min

Strictly confidential: Trailfinders case sheds light on trade secrets protection

In a case brought by established travel agency, Trailfinders, the High Court has for the first time considered the application of the so-called Trade Secrets Directive, which was implemented into UK law in June 2018.

No items found.
Trade Secrets
Copyright protection for textiles
Case Update
February 4, 2020
5 min

Copyright protection for textiles

On Wednesday, the Intellectual Property Enterprise Court handed down one of its first judgments of 2020 in the case of Response Clothing Limited (“Response”) v Edinburgh Woollen Mill Limited (“EWM”) (IP-2017-000174).

Fashion & Apparel
Engineering
Copyright
Litigation
Changes to the Rules of Procedure of the EPO Boards of Appeal
Case Update
September 25, 2019
5 min

Changes to the Rules of Procedure of the EPO Boards of Appeal

The rules governing the appeals process at the European Patent Office are being changed, with the aim being to speed up the appeals process and the expected effect being to reduce flexibility for appellants.

Life Sciences
EPO Oppositions
Patenting AI in the UK: trends and outlook
Article
July 17, 2019
3 min

Patenting AI in the UK: trends and outlook

At the global level, the UKIPO study finds that almost 30,000 AI patent applications were published in 2017 - an increase of over 400% compared with 2007. These headline figures are dominated by AI patent applications published in the United States and China, as shown in the following figure. For comparison, this figure also shows AI patent applications published by a selection of other intellectual property offices considered in the UKIPO study.

Artificial Intelligence
Patents
Extension of patent protection in Switzerland following paediatric trials
Case Update
February 13, 2019
5 min

Extension of patent protection in Switzerland following paediatric trials

Supplementary protection certificates (SPCs) compensate for delay to market entry for products (medicinal or plant protection) in the European Union (EU) and some European Economic Area (EEA) states by providing up to an additional five years of protection beyond patent expiry.

Life Sciences
SPCs & Regulatory
Patents
Warner-Lambert loses appeal at UK Supreme Court on validity of its patent for a second medical use of pregabalin for the treatment of pain
Case Update
November 16, 2018
7 min

Warner-Lambert loses appeal at UK Supreme Court on validity of its patent for a second medical use of pregabalin for the treatment of pain

Earlier this week, the Supreme Court handed down its judgment in Warner-Lambert Company LLC v Generics (UK) Ltd t/a Mylan and Actavis, holding Warner-Lambert’s patent to be invalid, and that had key patent claims been valid, they would not have been infringed by Actavis.

Life Sciences
Patents
Litigation
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