Marks & Clerk accused over ‘secret commissions’ from IP referrals

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Marks & Clerk accused over ‘secret commissions’ from IP referrals

c0a6c8dd-7096-4a29-82d8-63ce4a28fe8bhigh-court-mw-600-comp.jpg

The IP firm faces a group-action claim that it profited from external renewals work without clients’ knowledge

An organisation representing mainly SMEs has filed a group-action lawsuit against Marks & Clerk alleging that the firm received “secret commissions” for referring intellectual property renewals work.

The particulars of claim was filed at the England and Wales High Court on Monday, April 12, by an organisation called Commission Recovery Limited (CRL). The allegations concern work that M&C referred to IP services provider CPA Global, which is not listed as a defendant.

The claim alleges that while clients agreed to CPA Global taking on their renewals work, they were unaware of the commissions being paid to M&C, and that these payments constituted unauthorised profit.

According to a CRL statement, these secret commissions have earned M&C between £2 million ($2.7 million) and £3 million per year in the UK – with the total figure likely to exceed £50 million.

A spokesperson for M&C told Managing IP that the firm categorically denies any wrongdoing.

“The claimant, CRL, and its founder are commercially driven and motivated by their own business interests. The allegations mischaracterise the work we undertake and our relationship with CPA. We will defend the claim vigorously.”

Peter Rouse, founder of CRL, said: “It is simply unacceptable that a firm like Marks & Clerk would develop a secret commissions scheme solely designed to line their own pockets while exploiting the very businesses they claim to serve.”

He added: “We want to provide a mechanism for affected businesses – who have been taken advantage of for years – to seek the justice and compensation they deserve.”

A spokesperson for Clarivate, which acquired CPA Global in 2020, said it “categorically and emphatically” denies any wrongdoing, adding: “Neither Clarivate nor CPA Global are named as defendants in the legal action.”

The claim has been brought as a representative action on behalf of all current and former clients of M&C and its predecessor practices. Unlike some group-action claims where parties can choose to join, this is an opt-out claim. Potentially affected claimants do not need to join or sign up.

The claim comes five years after CPA Global itself was sued for allegedly overcharging for foreign patent renewal fees. The 2016 class-action lawsuit was filed in the US by medical diagnostic company Run Them Sweet. That case was later settled.

 

more from across site and SHARED ros bottom lb

More from across our site

The merger of Taylor Wessing’s UK operation with US firm Winston Strawn was a response to a strategic conundrum, its leaders say
Over the past 23 years, LawPlus has expanded from Thailand to Myanmar and built extensive international partnerships. What’s next?
Patrade has turned to experienced IP practitioner and business development leader Anders Isaksson to strengthen its commercial strategy and expand its reach to clients across Scandinavia
Cassie Hill, partner at Mishcon de Reya, discusses rebuilding client relationships after maternity leave and the pressures facing women at a pivotal stage of their career
Matthew Asbell discusses why empathy is important in law, being inspired by diverse workplaces and working on the latest, greatest large language model
The new partners add patent trial depth in high-value technology sectors including semiconductors, software, and cloud computing
From seller vetting and proprietary screening technology to brand collaboration and industry partnerships, Temu explains how its intellectual property enforcement programme combats infringement on its marketplace
A handful of US firms have quietly invested in European patent talent. Recent moves by Baker Botts and K&L Gates suggest that trend may be accelerating
Loke Khoon Tan and Stephanie Yip at Dentons explain what brand owners need to know ahead of January 1 2027, when updates to China’s Trade Mark Law come into force
New US bills signal that firms should work with clients to ensure they are complying with potential regulatory requirements
Gift this article