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Intellectual Property Adapting to Technological Changes 

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“At every step of the life of a company, specific intellectual property (IP) related decisions will need to be made and we are here to help our clients with these decisions,” says Luca Polverari, Managing Partner at Marks & Clerk Luxembourg. Interview. 

Can you describe your company in a few words? 

Marks & Clerk LLP is a well-established international intellectual property firm, with offices all around the world, including Luxembourg. We help clients enforce and maximize the value of their IP. With over 300 patent attorneys, trademark attorneys and IP lawyers globally, we have a team unparalleled in size, diversity and technical expertise. So, whatever your sector or specialism, whether you are a startup or a global business, we’ll select experts exactly right for your needs. Locally we are spending a lot of time in the startup environment, including the space tech cluster, and are advising these companies on IP. Hopefully, we can help them secure their IP rights, and so increase the value of these companies. IP is an important asset of a company and our aim is to ensure that adequate protection is in place. 


“New technologies are appearing, like for example blockchain, 5G Technology, biotechnology, and artificial intelligence” 


Which risks and challenges do you identify for your company and the competitiveness of Luxembourg? 

The market is always changing and we need to be able to adapt quickly and adapt our offer according to these new needs. Are we still competitive in a growing market? New technologies are appearing, like for example blockchain, 5G Technology, biotechnology, and artificial intelligence. What impact will 3D printing have on IP rights? Our IP attorneys need to be on top of these technologies to offer the best possible service to the client. Luxembourg is already turning towards the future (e.g., space technology, cleantech, …), committed to digitalization and sustainability. Investing in new technologies, especially in “niche” products and services, has always been a strength of Luxembourg and this will help keep the country competitive. Moreover, a dynamic environment leads to innovation, and innovations need to be protected, which keeps Luxembourg as an attractive market for IP. 


Which compliance trends do you identify in intellectual property and how are you adapting to them? 

Intellectual property is changing with the advance of technology. 20 years ago, filing a patent including part of a software program, was impossible. Nowadays, we file patents for core artificial intelligence where the code is the invention. Our task is to follow these changes and adapt quickly as we must be on top of these changes. The pandemic resulted in a change of working policy with data protection became an issue. Homeworking implies sharing data across borders and outside of the secured office environment. We needed to adapt our processes and comply with data protection laws. We also need to keep a close eye on changes in the legislation. Unitary Patents will enter into force later this year and will change the way IP will be secured in Europe. We will need to be able to advise our clients accordingly. 

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