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Intellectual Property

United Kingdom

Our market-leading intellectual property team is the largest dedicated IP team in the UK. CMS was Awarded ‘Best Law Firm in IP, IT & TMT’ at the Trends Legal Awards in 2019. We house one of London’s most experienced and formidable IP litigation practices. Uniquely among large law firms, we also offer a significant patent, trade mark and design attorney team with true technical and legal expertise. And of course we help our clients in complex licensing and exploitation in the world’s most highly regulated sectors. Our team has earned multiple Band 1 ratings from legal directories.

Our team includes 130 lawyers, patent attorneys, trade mark attorneys, and specialist IP administrators and paralegals. This means our team is qualified to file complex patents in cutting-edge technologies at the European Patent Office; manage and enforce portfolios for some of the world’s biggest brand owners; and handle the most complex and technically demanding IP disputes.

We handle the full life-cycle of IP assets, including finding the best strategy for the creation, identification, registration and capture of assets, their realisation through commercial agreements and licensing, and their protection and enforcement through litigation and other dispute resolution.

A cohesive IP strategy, including both commercialisation and enforcement, will ensure that maximum value is obtained from your IP portfolio. Our team understands your business needs and objectives and has worked with some of the world’s best known brands. Our clients include organisations from banks to technology companies, pharmaceuticals to FMCG, and we help them realise their commercial goals.

We also advise on IP enforcement at all levels of UK courts (civil and criminal) and have experience litigating before the CJEU as well as many national courts of the EU and beyond in multi-jurisdictional disputes. Our patent and trade mark teams are experienced in dealing with proceedings before UKIPO, EUIPO and European Patent Office.  Costs can quickly escalate in contentious proceedings, so project management is key to our service, driving forward cases, narrowing issues, and managing other service providers.

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"CMS' intellectual property department is 'excellent for high level and complex questions', and offers 'a good mix of very sound legal advice and practical tips'. The 'personable and easy to work with' team comprises of 25 partners, following the merger of CMS, Nabarro and Olswang in May 2017, and attracts praise for its 'good pragmatic commercial advice' across the spectrum of IP rights."

Legal 500, 2019

“Among firms in London, CMS is virtually unrivalled in terms of the breadth, depth, international reach and technical sophistication of its brands practice.”

World Trademark Review 1000, 2019

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    Brexit

    Brexit will have no consequence on UK membership of the European Patent Organisation (EPO), nor on the effect of European patents in the UK. Accordingly, CMS European patent attorneys based in the UK will continue to be able to represent applicants before the EPO.

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    Due Diligence

    Intellectual Property rights are commonly bought, sold or licensed as part of a corporate deal or transaction, and often represent a key element of a due diligence process. Our team of specialist solicitors, patent attorneys and trade mark attorneys are able to provide a commercially valuable assessment of an IP portfolio, either as part of deal process or as a stand-alone ‘health-check’. 

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    Life Sciences Regulatory

    Legal and regulatory frameworks are constantly evolving in the life sciences sector to keep up with innovative therapies, diagnostics and other medical technologies, as well as increasing services provision by manufacturers and other suppliers. In such a highly regulated and much scrutinised sector we understand you need a legal team who can proactively advise on your legal and regulatory risk.

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    Patent Attorneys

    The CMS patent attorney practice disrupts the traditional boutique approach to provide a service that meets the needs of modern business practice.  Using proven, robust and efficient processes to manage portfolios through the patenting process, we pour care and attention into every detail, whether a portfolio’s value comes from its size or from the key nature of one or a small number of cases.

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    Unified Patent Court

    We are prepared for the Unitary Patent and Unified Patent Court whenever they might come into effect. All CMS European patent attorneys, including those based in the UK, will be able to represent applicants before the EPO and to obtain national patents or Unitary Patents granted via the European Patent Office, even after Brexit. Our team of lawyers and patent attorneys will have rights of audience before the new Unified Patent Court.

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    Law-Now: In­tel­lec­tu­al Prop­erty
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    Pat­ent At­tor­neys - Ex­plore

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    May 2020
    Ad­apt­ing reg­u­la­tion for a health emer­gency
    03 Jun 20
    In­tel­lec­tu­al Prop­erty In­sight Series: Over­view of 2020’s...
    29 May 20
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    The in­ter­pret­a­tion of pro­vi­sions reg­u­lat­ing shape marks of­ten raises vari­ous doubts on both the EU and na­tion­al level, es­pe­cially re­gard­ing the con­di­tions un­der which re­gis­tra­tion of shape marks can be...
    28 Apr 20
    EPO Fee Changes 1 April 2020
    26 May 20
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    The Com­mit­tee on Leg­al Af­fairs (JURI) of the European Par­lia­ment has pub­lished three draft re­ports re­lat­ing to ar­ti­fi­cial in­tel­li­gence (AI). This note is about the draft re­port on in­tel­lec­tu­al prop­erty...
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    26 May 20
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    19 May 20
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    The highest ju­di­cial au­thor­ity at the EPO is­sued their opin­ion late last week in the con­tro­ver­sial G3/19 (Pep­per) case. Con­trary to pre­vi­ous de­cisions in G2/12 and G2/13 (To­mato/Broc­coli), the En­larged...
    31 March 2020
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