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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.‍‍

Food labelling
Article
January 29, 2025
4 min

The growth of plant-based foods: lessons from the FDA’s draft guidance and opportunities for the EU

The plant-based food market is growing rapidly, with consumers increasingly and actively seeking sustainable, ethical, and health-conscious alternatives. However, as this industry expands, so does the challenge of ensuring transparent and accurate labelling. As a follow up on our previous article, we’d like to look at some interesting recent developments.

Food & Agritech
FMCG
Biotech
Life Sciences
No items found.
Article
January 27, 2025

How serious is the threat of counterfeit tobacco and vape products?

The tobacco industry is facing a potentially critical threat from counterfeiting. Fake cigarettes, vapes, nicotine pouches and other types of tobacco-based products pose significant health risks for buyers and reputational damage for manufacturers.

FMCG
Brand Enforcement
Trade Marks
lab scientist
Case Update
January 21, 2025
10 min

High Court upholds UKIPO decision: Halozyme's SPC appeal dismissed

On 16 December 2024, the High Court handed down its judgment in the case of Halozyme, Inc. v The Comptroller-General of Patents, Designs and Trade Marks. The Court dismissed Halozyme's appeal, upholding the decision of the UK Intellectual Property Office (UKIPO) to refuse two Supplementary Protection Certificate (SPC) applications related to human recombinant hyaluronidase (rHuPH20) in combination with the therapeutic antibodies trastuzumab (Herceptin®) or rituximab (MabThera®), respectively.

Life Sciences
Biotech
SPCs & Regulatory
startups
Article
January 15, 2025
4 min

The EUIPO SME fund: A guide for SMEs

The Ideas Powered for Business SME Fund is a grant scheme designed to assist EU-based small and medium-sized enterprises (SMEs) in protecting their intellectual property (IP) rights.

No items found.
Patents
Trade Marks
Designs
IP Strategy
microscope
Article
January 14, 2025
6 min

A decisive moment for engineering biology: UK must act now to realise benefits

“Don’t fail to scale: seizing the opportunity of engineering biology”: The 1st report of 2024-2025 session of the Science and Technology Committee of the House of Lords published today, on the topic of the opportunities presented by the Engineering Biology field, and the risks to the UK of not engaging fully with appropriate investment and supporting strategy.

Synthetic Biology
Biotech
Life Sciences
Food & Agritech
Industrial Chemistry
Patents
IP Strategy
Case Update
January 10, 2025
9 min

GlobalFoundries and IBM settle their legal battle over trade secrets and breach of contract

Last Thursday GlobalFoundries and IBM announced they have reached a settlement in their long-running legal battle.

Electronics & Computing
Trade Secrets
Litigation
cosmetics industry
Article
January 3, 2025
5 min

Enhancing cosmetic formulations: Do cosmeceuticals really work?

In recent years, the convergence of beauty and pharmaceuticals has given rise to a new category of skincare products: cosmeceuticals. Cosmeceuticals blend cosmetic and pharmaceutical benefits and are designed to address skin complaints such as acne, dermatitis, and signs of aging.

Life Sciences
Biotech
FMCG
Patents
Designs
Article
January 2, 2025
13 min

The future of aquaculture and IP

Aquaculture, also known as fish farming or aquafarming, is the rearing of aquatic species in a closed or controlled environment specifically for human consumption.

Food & Agritech
Artificial Intelligence
Biotech
Industrial Chemistry
Patents
Trade Secrets
Copyright
Freedom to Operate
IP Strategy
IP Audits
For a procurement officer, what makes a good intellectual property (IP) provider?
Article
January 1, 2025
5 min

For a procurement officer, what makes a good IP provider?

Procurement professionals in corporates are no strangers to complexity. From negotiating supplier terms to managing risk and ensuring compliance, the role demands finely balancing cost-efficiency, reliability, suitability and long-term value.

Professional Services
IP Strategy
pharmaceutical products
Case Update
December 20, 2024
14 min

CJEU clarifies SPC eligibility for combination products

The Court of Justice of the European Union (CJEU) has issued its long-awaited judgement on the interpretation of Articles 3(a) and (c) of the SPC Regulation in the joined cases C-119/22 and C-149/22.

Life Sciences
Biotech
SPCs & Regulatory
Patents
woman on laptop
Article
December 19, 2024
4 min

Keeping an eye on a potential appeal when summoned to ex-parte oral proceedings

Following our previous top tips for success at examining division oral proceedings, we consider actions to take when responding to the summons and attending the oral proceedings that maximise your prospects for a successful appeal should your endeavours with the examining division ultimately prove unsuccessful.

No items found.
Patents
EPO Oppositions
software through glasses
Article
December 17, 2024
10 min

First draft of the General-Purpose AI Code of Practice has been released

The European AI Office is currently facilitating the drawing-up of the General-Purpose AI Code of Practice (the “Code”). The European Commission published the first draft of the Code on 14 November 2024. Further drafts are to be prepared, with the final version of the Code forecast to be released by 2 May 2025, in accordance with Article 56 (Codes of Practice) of the EU AI Act.

Artificial Intelligence
Software
Electronics & Computing
No items found.
functional chocolate
Article
December 16, 2024
7 min

The rise and rise of functional chocolate

The term ‘functional chocolate’ could well be new to you, but as we continue to look for healthier alternatives to the treats we all love, it is a term that you are likely to become more familiar with in the very near future. It looks as though functional chocolate will share a very similar rise in popularity to ‘alt chocolate’.

Food & Agritech
FMCG
Life Sciences
Biotech
No items found.
communication technology
Case Update
December 13, 2024
6 min

UPC’s first FRAND decision: Claimant friendly again?

The Mannheim local division of the Unified Patent Court (“UPC”) handed down a decision at the end of November 2024 on the issue of infringement of a Standard Essential Patent EP 2 568 724 B1 (“SEP”), held by Panasonic Holdings Corporation (“Panasonic”).

Electronics & Computing
Communications
Patents
Licensing & Commercial Agreements
UPC Litigation
cosmetics shopping
Article
December 12, 2024
6 min

Enhancing cosmetic formulations: The power of packaging

In the competitive world of cosmetics, the secret to standing out lies not just in your cosmetic formulations but also in your packaging.

FMCG
Designs
Patents
Brand Strategy
IP Strategy
fashion runway event
Case Update
December 10, 2024
4 min

Burberry launches trade mark action against B&M over use of “furberry”

British luxury fashion house Burberry has recently launched a legal action in the UK High Court against discount retail chain B&M for trade mark infringement and passing off. Burberry alleges that B&M is falsely representing goods sold under its “furberry” pet brand.

Fashion & Apparel
FMCG
Creative Industries
Trade Marks
Brand Enforcement
Brand Strategy
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