Marks & Clerk

As 2024 draws to a close, we want to take a moment to thank our clients, colleagues, and partners for your trust and collaboration throughout the year. From all of us at Marks & Clerk, we wish you a happy, peaceful holiday season. #SeasonsGreetings #HappyHolidays

The Paris Central Division of the Unified Patent Court (UPC) ruled on a case involving the revocation of a European patent owned by Juul Labs International, Inc. The case, brought by NJOY Netherlands B.V., raised key questions about handling large numbers of auxiliary requests when amending patents. Juul Labs initially filed 57 auxiliary requests but later narrowed them to 12, which the Court considered reasonable and efficient. The Claimant argued that the original 57 requests were excessive, but the Court rejected the idea of dismissing them solely based on their number. Thomas Prock, Mike Gilbert, and Krishna Darshan Raghavan explore this further below. #Patents #UPC https://lnkd.in/e2irdjmJ

For those who will be enjoying a coffee over the festive period, here's one to ponder! Our final article of the year for our content series: Racing Ahead! focuses on Morrow - The Coffee of Tomorrow's approach to producing coffee without the use of the coffee bean. Andrea Williams explores their innovative approach to eco-friendly coffee, a sustainable solution presented at this year’s Agri-TechE REAP Conference in November. To find out how We are Morrow are achieving this, click here to read more 👉 https://lnkd.in/eqPDcWhq We look forward to sharing with you more local #Cambridge content in 2025, wishing all our readers a happy festive break. #patents #intellectualproperty

As another busy year draws to a close, our Marks & Clerk colleagues around the world have been getting together to mark the festive season. Last week, our Hong Kong office had a great time celebrating the upcoming holidays with a Christmas lunch in a nearby restaurant, followed by an exciting lucky-draw 🎄✨ A huge thank you to everyone for their hard work and efforts in 2024 🎉🎅 The team in Hong Kong extends their warmest wishes to everyone for a Merry Christmas and a truly wonderful New Year! #HongKong #HappyHolidays #Christmas

Earlier this week, we were pleased to be invited to contribute to a Law360 UK article discussing recent changes to trade mark rules. These changes, which came into force on November 21, 2024, bring the UK in line with Madrid Protocol obligations, offering greater flexibility for intellectual property owners managing their trademarks internationally. Michael Shaw, Partner and Trade Mark Attorney, shared his insights on how the revisions could make the replacement process more appealing to trade mark owners, enabling cost savings on renewal fees by streamlining national and international registrations. More information can be found on our website via the link below. https://lnkd.in/e4QphkQy #IPStrategy #TradeMarkLaw #IntellectualProperty #MadridProtocol

🌍 As 2024 comes to a close, we're reflecting on the incredible strides made in sustainability and innovation this year. Throughout the last 12 months, our team of experts across the firm have created over 100 pieces of content to help highlight the efforts being made to advance the race to Net Zero around the world.     📅 Thank you to the many people who engaged with our insights - we hope you enjoyed reading them. Keep an eye out for more in 2025! https://lnkd.in/eR6qW3Qg   #Sustainability #IntellectualProperty #Innovation #GreenTech

This year, in the UPC case (UPC_CFI_395/2023), Abbott requested to amend their claim during infringement proceedings brought by DexCom, Inc. This request followed the release of a new app version with different functionality, which Abbott argued did not infringe DexCom’s rights. They sought the chance to address this in the upcoming oral hearing. Judge Rapporteur Lignieres (Paris Local Division) acknowledged that Abbott acted reasonably given the commercial sensitivities involved. However, the request was ultimately denied due to insufficient time to prepare before the hearing. The judge noted that Abbott still had other legal options, such as proceedings for a declaration of non-infringement. For the full details by Thomas Prock, Mike Gilbert and Abigail Spreadbury click the link below. #UPC #Paris https://lnkd.in/eZvJbYbB

Each month, the EUIPO - European Union Intellectual Property Office publishes detailed statistics on trade mark filings, providing insights into trade mark activity across the European Union. Christophe van Zyl, John Ferdinand, Inès Garlantezec and Sarah Chittock share their thoughts on the key insights and trends from the EUIPO’s data in 2023 and 2024, and offer guidance for brand owners navigating the EU landscape. Read the full article here: https://lnkd.in/gAfcJEiY #trademarks #brandprotection

Applications are now open for our 2025 graduate scheme. We have opportunities available across our London and Cambridge offices. As a graduate entrant we give you full support to achieve qualification as a Chartered UK and European Patent Attorney, running our own comprehensive in-house ‘Training Academy’ which combines tutorials, and lectures as well as mentoring and supervision from partners and other qualified attorneys. Find full details of the vacancies, and read more about the programme and application process here: https://lnkd.in/dqP8Xb7F #traineepatentattorney #graduatescheme #intellectualproperty #iplaw #ip #graduatejobs #chemistry #london #cambridge

Patent rights holders are unlikely to benefit from adjusting their prosecution strategies in an effort to obtain term extensions under Canada’s new patent term adjustment (PTA) framework, which comes into force on January 1, 2025. Exceptionally few patents are expected to qualify for term extensions under the current PTA framework, regardless of any efforts made by applicants to expedite prosecution. For pharmaceutical patents, it is further noted that the PTA term (if any) will run concurrently with any additional term obtained in the form of a certificate of supplementary protection (CSP), which accounts for delays in regulatory approval of medicines. In this article, Marks & Clerk Canada associate Justin Smith provides details on what’s included in Canada’s PTA framework and what patentees should consider. #patents #pharmapatents