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.

startups

Intellectual property support from Scottish Enterprise

Scottish Enterprise is Scotland’s national economic development agency. Their mission is to enable businesses to innovate and scale up to transform Scotland’s economy by:

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IP Audits
IP Strategy
Investor Ready
ai in healthcare

How healthcare companies can comply with the EU AI Act and avoid heavy penalties

AI is increasingly being utilised in the healthcare sector, offering numerous benefits and applications. It is playing a significant role in improving medical diagnosis and treatment planning, streamlining administrative tasks, accelerating medical research, and in drug discovery, where it is being used to accelerate the process by analysing vast datasets. AI is also being used to predict and prevent health issues.

Artificial Intelligence
Medtech & Digital Therapeutics
Life Sciences
Electronics & Computing
Licensing & Commercial Agreements

Chambers and Partners 2025

We’re proud to announce that Potter Clarkson has once again been recognised in the Chambers UK Guide 2025.‍‍

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Greenwashing

The Danish Consumer Ombudsman publishes new recommendations to help businesses avoid greenwashing claims

The Danish Consumer Ombudsman very recently published new recommendations relating to environmental marketing designed to help businesses avoid greenwashing. The recommendations include an update on the Consumer Ombudsman's practices, covering topics such as responsibility, sustainability, and CO2 offsetting.

Energy & Cleantech
FMCG
Fashion & Apparel
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CJEU swiftly deals with Genmab SPC application in reasoned order

The Court of Justice of the European Union (CJEU) has handled the Hungarian referral in case C-181/24 with a straightforward confirmation that an application for a supplementary protection certificate (SPC) must be based on the first marketing authorisation for the product.

Life Sciences
Biotech
SPCs & Regulatory
Patents

Lisbon Local Division of the UPC rejects PI request by Ericsson

In its first substantive judgment, the Lisbon Local Division of the Unified Patent Court (UPC) has rejected an application for a preliminary injunction (PI) made by Telefonaktiebolaget LM Ericsson (“Ericsson”) in its decision of 15 October 2024. The application concerned the alleged infringement of EP 2 819 131 B1 (the “Patent”) by Asustek Computer Inc (“AsusTek”), Arvato Netherlands B.V (“Arvato”) and Digital River Ireland Ltd (“Digital River”) (together, the “Defendants”).

Electronics & Computing
Patents
UPC Litigation
Litigation

Barristers at the EPO

Oral proceedings at the EPO may be conducted before the Examining Division, the Opposition Division or the Boards of Appeal. At any of those procedural stages, getting a good result is always important, but at times it is business critical. What can be done to get that winning edge when it is really needed?

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Patents

Our patent attorneys in Copenhagen will help you maximise the value of your innovation

Innovation has the power to change every aspect of our lives. It drives the discovery of lifesaving medical treatments, it can reduce and clean up our energy consumption, it can find solutions to the global food crisis, and it can help us digitise and automate business-critical tasks. Sometimes, it simply makes our everyday lives easier.

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Excipient or active ingredient? CJEU requested to rule on Articles 1(b) and 3(a) of the SPC Regulation

The Supreme Administrative Court in the Czech Republic has referred questions to the Court of Justice of the EU (CJEU) about whether a substance categorised as an excipient in a marketing authorisation can nevertheless be considered an active ingredient in the context of an application for a Supplementary Protection Certificate (SPC), and about the information required for an additional active ingredient to be “specifically identifiable” based on the patent.

Biotech
Life Sciences
SPCs & Regulatory
Patents
Litigation

Greenwashing in cosmetics: The evolution of the cosmetics industry and the likely impact of approaching EU regulations

In recent years, greenwashing in cosmetics has come under increased legal scrutiny.

FMCG
Brand Enforcement
Trade Marks

UPC Court of Appeal upholds PI in dispute concerning outdoor equipment

The UPC Court of Appeal (“CoA”) has sided with the Düsseldorf Local Division in upholding a preliminary injunction (PI) granted in respect of sales of Mammut’s avalanche rescue device in Germany and Austria.

Sportstech
Electronics & Computing
Patents
UPC Litigation
Litigation

Proteotype Diagnostics awarded £1.5 million Cancer Mission Grant to advance early cancer detection with innovative Enlighten™ test

We are delighted to report that our client, Proteotype Diagnostics Ltd, has just been awarded a £1.5 million Cancer Mission Grant to advance the groundbreaking work they have been doing in early cancer detection with their innovative Enlighten™ test.

Medtech & Digital Therapeutics
Life Sciences
Biotech
Patents

The Legal 500 2025

Potter Clarkson has once again been highly recognised in the 2025 Legal 500 rankings, a leading guide for clients seeking top law firms, attorneys, and solicitors.

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Femtech and AI: Data is king

The role of artificial intelligence (AI) in the health sector is expanding, aiming to bring personalised healthcare to a broader audience. In the realm of femtech (the term used to define software and services that use technology tailored towards women’s health), AI’s significance is particularly pronounced.

Artificial Intelligence
Software
Medtech & Digital Therapeutics
Electronics & Computing
Patents
Trade Marks
Copyright

Food fraud and counterfeiting in the EU: An analysis of recent trends

Food fraud and counterfeiting are still significant challenges within the European Union, with far-reaching consequences for consumer trust, public health, and the integrity of the foodtech and agritech sectors.

Food & Agritech
Brand Enforcement
Trade Marks
oral proceedings

Improve your chances of getting your patent granted at ex-parte oral proceedings

Following attempts to convince an examiner to grant your patent application, the arrival of a summons to oral proceedings can sometimes feel like a strong indicator to concede defeat and give up. After all, the European examiner has concluded that progress towards grant has stalled and wishes to bring the procedure to a close at an oral hearing.

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Patents
EPO Oppositions