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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.‍‍

Article
September 10, 2024
6 min

How data can help decarbonise ports

Global shipping makes up about 2-3% of global carbon emissions. Although that might not sound like a lot, it is unfortunately 2-3% of quite an alarmingly high number. As I mentioned in my previous article (which you can read here), big data can and should be used to help propel the decarbonisation process of the maritime industry towards its ambitious climate targets.

Energy & Cleantech
Software
Electronics & Computing
Patents
IP Strategy
vegan food
Article
September 10, 2024
5 min

The importance of transparent vegan labelling and the risk of greenwashing in the chocolate industry

In recent years, the demand for vegan products has surged, driven by growing consumer awareness of animal welfare, environmental sustainability, and personal health.

Food & Agritech
FMCG
No items found.
Case Update
September 6, 2024
12 min

"Awaken, the warrior of light": Lessons we can learn from Ultraman

The effect of rapid development of generative AI on copyright law continues to challenge the lawmakers and courts. Whilst the UK High Court is yet to reach its decision on liability for copyright infringement in the AI training data in Getty Images v Stability AI, the Chinese case of Ultraman became the first to recognise liability of AI-generated content for copyright infringement.

Artificial Intelligence
Creative Industries
Copyright
Litigation
Article
August 29, 2024
7 min

Misleading and potentially illegal: The risks of using 'not...' in reference to protected products and names

The use of "not..." in conjunction with product names has become a contentious issue in law, particularly concerning terms that are legally protected or where certain criteria need to be met in order to use the description.

Food & Agritech
Trade Marks
Brand Strategy
Case Update
August 28, 2024
6 min

Court of Appeal confirms that UPC has no jurisdiction over Ireland (at least not yet)

The UPC Court of Appeal recently ruled that a preliminary injunction cannot extend to cover activities in Ireland on the basis that it is not a Contracting Member State.

Medtech & Digital Therapeutics
Life Sciences
Electronics & Computing
Patents
UPC Litigation
Litigation
functional chocolate
Article
August 27, 2024
5 min

Alt-chocolate: How confectioners are finding more sustainable ways of producing chocolate

As both climate change and increased environmental pressures continue to make traditional cocoa production increasingly unsustainable, confectioners are making even greater efforts to find more sustainable ways of producing chocolate.

Food & Agritech
Biotech
FMCG
Life Sciences
Synthetic Biology
Energy & Cleantech
No items found.
Article
August 23, 2024
6 min

Does a commercially available product make your invention unpatentable?

A preliminary view (G 1/23) from the European Patent Office may push technology businesses in all fields to re-evaluate their commercial planning and IP strategies. The view focusses on when a commercially available product that was on sale before the filing date, but is not easily reproducible, negatively impacts patentability of new technology. We expect that the impact will be felt most strongly in the chemistry and software sectors and explore the implications below.

Industrial Chemistry
Software
Electronics & Computing
Patents
Trade Secrets
IP Strategy
Article
August 16, 2024
6 min

Can anti-fouling innovations help shipping become more environmentally friendly?

Let’s take a dive into the innovative anti-fouling technologies designed to make our ships cleaner and greener.

Energy & Cleantech
Advanced Materials
Industrial Chemistry
Engineering
Patents
IP Strategy
Article
August 14, 2024
4 min

Can biofuels help shipping achieve a greener future?

Currently, the emissions produced by the shipping industry are the same as the aviation industry. Put into context, this is roughly equivalent to the entire output of Germany. More worryingly, this set to rise along with increasing demand for global merchant shipping.

Energy & Cleantech
Industrial Chemistry
Biotech
Patents
IP Strategy
Case Update
August 13, 2024
5 min

UPC’s decision on patentability of a mushroom strain

Judge Brinkman at the Unified Patents Court (“UPC”) has recently handed down a decision on the patentability of a mushroom strain and provided interesting jurisprudence on interim injunctions, delays, and “genetic identity”.

Food & Agritech
Biotech
Patents
UPC Litigation
Litigation
Article
August 9, 2024
6 min

The impact of healthwashing: Why honest labelling matters in the confectionery industry

On the basis of two new cases from the US courts, we have, as a follow-up on our previous article on healthwashing, dived into current EU practice to shed light on misleading health claims in the confectionery industry.

Food & Agritech
FMCG
No items found.
Article
August 9, 2024
5 min

Decarbonising shipping: cleantech propulsion technologies

Shipping produces nearly 2% of global greenhouse gas emissions. While this is about seven times less than emissions from road transport, in the current climate crisis it is still nearly 2% too much.

Energy & Cleantech
Engineering
Patents
IP Strategy
Licensing & Commercial Agreements
Article
July 29, 2024
4 min

Protecting your IP on social media: tips for safeguarding copyright and trade marks

In this article, Chris Baume delves into how to protect your intellectual property on social media, the process of trade marking a social media handle, and understanding Instagram trade mark infringement.

Creative Industries
Communications
Electronics & Computing
Trade Marks
Brand Enforcement
Copyright
Article
July 26, 2024
7 min

The need for accurate data collection practices, and some innovation opportunities within the maritime industry

We all love boats. From a kayak to a container ship, there’s just something great about being on the water. We also all love receiving our goods quickly, cheaply and with minimal environmental impact.

Software
Patents
Licensing & Commercial Agreements
Litigation
Case Update
July 24, 2024
4 min

Wave of substantive decisions by UPC in early revocation and infringement actions

In what has been an extremely busy month so far in the UPC, various divisions have handed down full decisions on the merits in some of the first revocation and infringement actions to be filed before the Court back in June and July 2023.

Medtech & Digital Therapeutics
Life Sciences
Patents
UPC Litigation
Case Update
July 19, 2024
6 min

Haribo's Gummy Bear: More triumphs and trials in trade mark protection in the food and drink industry

The story of part German/part Danish company Haribo's signature gummy bear is a fascinating tale of trade mark protection and legal disputes in the food and drink industry.

FMCG
Trade Marks
Brand Enforcement
Litigation
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