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Intellectual Property

The success of a company springs from its ideas. By obtaining, defending and licencing various property rights ranging from trademarks to designs, patents, protection certificates and utility models, this potential is transformed into financially measurable company values. A cohesive IP strategy, including both commercialisation and enforcement, will ensure you get maximum value from your portfolio.

With 150 IP-lawyers in 39 countries, we understand your business needs. CMS has worked with some of the best-known brands and we specialize in representing companies from the lifesciences, pharmaceutical, medical products, media, telecommunications, clothing, computer and consumer goods industries. We advise and represent clients during trademark registrations and similarity examinations, handle their trademark portfolios and potential breaches of their trademark, design, patent and protection certificate rights, and prosecute product piracy for our clients at customs authorities and courts across Europe. Our expertise extends to parallel and grey imports, sales rights and associated legal fields such as pharmaceutical products, media, telecommunications and broadcast law.

The right brands will win the hearts and minds of your customers. The right patents will prevent others exploiting your ideas or provide a substantial barrier to market access. Copyright, know-how and designs also play a vital role. In the event of a breach of property rights, we support our clients in asserting their rights before courts and criminal courts. Our range of services includes warnings, injunctions, lawsuits and border confiscations as well as the increasingly important international assertion of intellectual property rights.


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15/08/2023
AI in healthcare inventions – technical or not technical?
Sum­maryRe­cent European Patent Office (EPO) Board of Appeal case T 1910/20 sits among a number of decisions regarding the discussion of what constitutes technical character in the field of health­care...
28/07/2023
Description amendments at the EPO – uncertainty for not (too) much longer?...
Amending the description to conform with the claims remains a challenging element of European patent practice, particularly in view of the divergent case law in the subject, and varied approaches taken...
31/05/2023
UPC – the “Long-arm” jurisdiction
UPC Long-arm jur­is­dic­tion­With the UPC set to open its doors on 1 June 2023, just how far might its reach ex­tend?Un­less a European patent has been opted out of the UPC, the national courts and the UPC...
06/04/2023
G1/22 and G2/22 – Preliminary opinion of the Enlarged Board of Appeal
On 21 March 2023 the Enlarged Board of Appeal (EBA) issued a preliminary opinion in consolidated cases G1/22 and G2/22 (“pri­or­ity”), which provides some initial insight into the possible outcome of...
31/03/2023
Armchair inventions part 3: Decision on plausibility at the EPO (G2/21)
The issue of plausibility was previously referred to the Enlarged Board of Appeal (EBA), the highest judicial authority at the European Patent Office (EPO). Our article on the referral can be found here...
28/03/2023
European Parliament and Council ready to start negotiations on EU Data...
In February 2022 the European Commission presented its proposal for the EU Data Act, which – if adopted - will introduce a far-reaching legal regime on access to and use of non-personal data in the...
23/03/2023
European Patent Office (EPO) digging its heals in over the need for de­scrip­tion...
As a complement to the 10th edition of the EPO "Case Law of the Boards of Appeal" (CLB), the EPO has published an Annual Review containing summaries of decisions from 2022. The review provides a thematic...
22/03/2023
European Patent Office (EPO) level of disclosure required for an­ti­bod­ies...
As a complement to the 10th edition of the EPO "Case Law of the Boards of Appeal" (CLB), the EPO has published an Annual Review containing summaries of decisions from 2022. The review provides a thematic...
08/03/2023
Out with the old, in with the new? Procedural features of the Unified Patent...
In our previous article, we looked at the current European system of patent prosecution and enforcement and highlighted some of the key changes that will be coming with the new Unitary Patent and Unified...
22/02/2023
Out with the old, in with the new? Comparing the existing European Patent...
In this first of three articles, we compare the current European system of patent prosecution and enforcement with the new Unitary Patent and Unified Patent Court which will come into effect on 1 June...
27/01/2023
Quantum computing patent increase is far above average
On Wednesday 25 January 2023, the European Patent Office (EPO) issued their Insight Report into quantum computing and patents. In their Report, the EPO considered quantum computing patents in general...
18/01/2023
What is the significance of a clinical trial protocol as prior art at the...
The EPO Appeal Board has further refined their view on when prior art disclosures of clinical trial protocols are an issue for pat­entab­il­ity of medical use claims. Decision T1806/18 In decision T1806/18...