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Intellectual Property

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.

"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
European Patents and SPCsBrexit will have no consequence on UK membership of the European Patent Organisation (EPO), nor on the effect of European pat
Due Diligence
Intellectual Property (IP) rights are commonly bought, sold or licensed as part of a corporate deal or transaction, and often represent a key element
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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 medica
Patent Attorneys
The CMS patent attorney practice disrupts the traditional boutique approach to provide a service that meets the needs of modern business practice.  Us
brain jigsaw puzzle
Patent Litigation
For several decades CMS has represented leading technology and life sciences companies in key IP and patent litigation, at all times bearing their com
Trade Marks
Trade Marks
Our trade mark lawyers are experts in the UK, EU and beyondWe have the largest trade mark team in the UK. The team is made up of solicitors, trade mar
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Unified Patent Court
European Unitary Patent and Unified Patent CourtThe UPC system is currently expected to come into existence in late 2022 or early 2023. Once the Unita
Law-Now: In­tel­lec­tu­al Prop­erty
Vis­it Law-Now for leg­al know-how and com­ment­ary
Pat­ent At­tor­neys - Ex­plore
Ad­vising the Board

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09/08/2022
Was Za­ra away with the Fair­ies?
Za­ra v House of Zana – How close is too close? We’ve all read the news and seen the out­come. The trade marks ‘Za­ra’ and ‘House of Zana’ have been deemed not sim­il­ar for the pur­pose of a UK...
08/08/2022
Gov­ern­ment con­sulta­tion out­come re­veals di­vide in views on Stand­ard Es­sen­tial...
The In­tel­lec­tu­al Prop­erty Of­fice (IPO) has pub­lished its con­sulta­tion out­come on Stand­ard Es­sen­tial Pat­ents (SEPs) and In­nov­a­tion. The gov­ern­ment, be­liev­ing that SEPs and as­so­ci­ated stand­ards are of grow­ing...
29/07/2022
Re­sur­rec­ted brands and bad faith – EU Gen­er­al Court an­nuls de­cision of...
In its judg­ment of 6 Ju­ly 2022 (case T-250/21), the Gen­er­al Court of the European Uni­on an­nulled the de­cision of the Second Board of Ap­peal of the European Uni­on In­tel­lec­tu­al Prop­erty Of­fice (EUIPO) that...
26/07/2022
European Bolar Pro­vi­sions in United King­dom
1. How is Bolar im­ple­men­ted? The Bolar ex­emp­tion is im­ple­men­ted in­to UK law by Sec­tion 60(5)(i) Pat­ents Act 1977 (as amended). There is also a ‘New Ex­per­i­ment­al Use Ex­emp­tion’ con­tained in Sec­tions...
Comparable
22/07/2022
The su­per­HU­Man world of nut­raceut­ic­als
A case sum­mary of HUM v HUM2N Nut­raceut­ic­als, paraphar­ma­ceut­ic­als, sup­ple­ments, whatever you call them the mar­ket is boom­ing. And with a £1.5 bil­lion a year rev­en­ue and growth of 9% in 2022, it’s no...
20/07/2022
CMS ad­vises BT on joint ven­ture with Warner Bros. Dis­cov­ery to cre­ate new...
In­ter­na­tion­al law firm CMS has ad­vised BT Group (BT) on its agree­ment with Warner Bros. Dis­cov­ery, Inc. (Warner Bros. Dis­cov­ery) to form a 50:50 joint ven­ture com­pany to cre­ate a new premi­um sports of­fer­ing...
19/07/2022
Fight­ing Fit-ness - lu­lulem­on v Pelo­ton
As we hit the sum­mer months, fit­ness re­gimes are likely to be gear­ing up – and people may be minded to swap in their leg­gings for a pair of lu­lulem­on shorts or sign up to a Pelo­ton class (or two). However...
15/07/2022
In­tel­lec­tu­al Prop­erty En­ter­prise Court (IPEC) costs cap in­creases an­nounced...
The Civil Pro­ced­ure Rule Com­mit­tee has con­firmed that the IPEC costs caps will in­crease in Oc­to­ber 2022. The ef­fect of the up­com­ing amend­ments to the Civil Pro­ced­ure Rules is that the max­im­um total costs...
14/07/2022
EPO re­fuses pat­ent ap­plic­a­tion with ma­chine in­vent­or
The EPO Board of Ap­peal have pub­lished their writ­ten de­cision in case J 8/20 in re­la­tion to the AI ma­chine DABUS, find­ing that a ma­chine can­not be an in­vent­or for the pur­poses of ap­ply­ing for pat­ents...
13/07/2022
Spot­light on UK Design Law – Part 7 - UP­DATE – UKIPO pub­lishes ini­tial...
The UKIPO has pub­lished its re­sponse to the ‘Call for Views’ con­sulta­tion on the re­form of the UK designs frame­work. By way of re-cap, the UKIPO had in­vited sub­mis­sions from design in­dustry stake­hold­ers...
11/07/2022
The fine line between func­tion and artistry: les­sons from a Dan­ish Plant...
On 22 April 2022, the Dan­ish East­ern High Court ruled that a plant box vi­ol­ated copy­right, re­gistered design rights and rights un­der the Dan­ish Mar­ket­ing Prac­tices Act. The rul­ing serves as a re­mind­er...
07/07/2022
CMS European Class Ac­tions Re­port 2022
Data driv­en in­sights in­to  class ac­tion risk across Europe, a key con­cern for ma­jor cor­por­ates