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.

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.

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.

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.

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.

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.

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.

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’.
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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”).

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.

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.

Food waste powers new battery breakthrough
Researchers at the University of New South Wales (UNSW) have discovered that wine and coffee byproducts could revolutionise battery technology. This innovative approach not only promises to make batteries more efficient and eco-friendly but also addresses significant sustainability concerns.

Hague Local Division considers doctrine of equivalents in UPC first
The UPC has published a landmark decision on the doctrine of equivalents, in which it not only formulated the UPC’s test for equivalents but also found infringement on this basis for the first time.

Enhancing cosmetic formulations: The microplastics problem
Microplastics are tiny but mighty pollutants that pose a significant threat to our environment and health. These particles, less than 5mm in size, come from a variety of sources, including the breakdown of larger plastic debris and the shedding of synthetic textiles. As they infiltrate our oceans, rivers, and even the air we breathe, the urgency to address this issue has never been greater.
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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.



















