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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Intervener status in appeal proceedings: referral to EPO’s Enlarged Board of Appeal
An EPO Board of Appeal has requested clarification from the Enlarged Board of Appeal concerning whether, following the withdrawal of all appeals, proceedings may continue with a third party who intervened during appeal proceedings, and in particular whether the third party may acquire appellant status.
Sweden joins the Madrid E-Filing System
The Swedish Patent and Registration Office (PRV) has joined the Madrid e-filing system. This update, which has recently been implemented, allows international trade mark registrations based on Swedish marks to be filed and administered through an online portal provided by the World Intellectual Property Organization (WIPO).
Inventive step approach confirmed in NanoString revocation decision
The Central Division (Munich) has handed down a significant revocation decision in the ongoing patent battle between NanoString v 10x Genomics and President and Fellows of Harvard College. This follows the Court of Appeal’s decision earlier in the year in relation to another (closely related) patent, in which it set aside a preliminary injunction ordered by the Munich Local Division, holding that the patent was (more likely than not) invalid.
Katy Perry wins trade mark appeal against Sydney fashion label Katie Perry
Global pop star Katy Perry has won a long-running trade mark dispute with the Sydney-based fashion designer Katie Perry.
UPC Court of Appeal: national proceedings commenced before 1 June 2023 do not bar opt-out withdrawal
The UPC Court of Appeal (“CoA”) has confirmed that the withdrawal of an opt-out is permissible where national proceedings concerning the patent in question are started before 1 June 2023, overturning the first instance decision of the Helsinki Local Division.
Sky v SkyKick: Supreme Court Decision on bad faith and its implications for trade mark owners
Following seven years of litigation, the Supreme Court issued its decision in the Sky v SkyKick case on 13 November 2024. The decision addressed ‘Bad Faith’ in the context of broad specifications of goods and/or services filed solely for enforcement purposes, and without genuine intention to use the mark for all the goods and/or services.
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Online risks to charity brands: What to consider
The current economic unrest is massively impacting charities’ fundraising efforts, placing enormous pressure on their income and their ability to meet increasing operational overheads. However, digital age, once welcomed as a vehicle for growth, is only adding to economic worries. Online fraud and financial crime have a huge effect on charities, not only financially but also reputationally.
Potter Clarkson partners with Sustainable Ventures to support climate tech innovation
We are very pleased to announce we have partnered with Sustainable Ventures, Europe’s largest climate tech ecosystem.
IPEC puts clear water between UK and EU law on works of artistic craftsmanship
Deputy Judge Forsyth has handed down the long-awaited (and hotly anticipated) judgment in WaterRower v Liking Limited. The judgment cuts to the heart of the apparent tension between the requirements for the subsistence of copyright in the EU, and those in the UK. It is the first judgment to grapple meaningfully with those differences since Brexit, and leaves us in a position in which - for the creators of industrial designs or applied art - the EU appears an increasingly important jurisdiction.
What can Teva teach us about competition law?
The connection between IP and competition law may not be immediately obvious. However, it is important to bear in mind that competition law affects all commercial dealings, including intellectual property transactions. By their nature, intellectual property rights and, especially, patents, are anti-competitive. They provide monopoly rights, which inevitably restrict entry into the market of competing products.
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Strengthening design protection: Insights for businesses on the new EU design package
In mid-October, the Council of the European Union approved two legislative acts within the EU design package: an updated directive on the legal protection of designs and an amended regulation on European Union designs. This is the last step in the decision-making procedure within the EU and is therefore now relevant for businesses and stakeholders to start engaging with.
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:
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.
Chambers and Partners 2025
We’re proud to announce that Potter Clarkson has once again been recognised in the Chambers UK Guide 2025.
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.
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.