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

Cookies Settings

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 firm is looking beyond replacing recently departed talent, betting instead on senior leaders to strengthen and expand its patent litigation platform
Olga Partington, director in Sterne Kessler’s biotechnology and chemical practice group, shares why a patent's vulnerability peaks when it is young, rather than when it is most valuable, under the PTAB's new framework
IP experts gathered in San Francisco last week to discuss the changing global SEP landscape and new licensing models for AI infrastructure
SKW Schwarz partner Daniel Kendziur explains how new green claims rules are changing his workload and bringing him into direct contact with marketing, PR and government affairs teams
The government is targeting earlier resolution of SEP disputes while ruling out a standalone IPEC rate determination track and restrictions on injunctions
Ana Castedo, who brings a strong focus on patent litigation, will help build the firm’s IP litigation offering in Madrid
A former scientist, inventor and now a patent practice leader, Hanane Fathi Roswall shares her views on leadership, diversity, the rise of AI and the promise of the UPC
With rumours that a third IP judge could yet join the England and Wales High Court, we run through some potential names while practitioners outline the importance of a well-stocked bench
Speaking to Managing IP at Via’s Bridge Summit in San Francisco, president Kevin Mack explains why the AI infrastructure boom is forcing a rethink of traditional SEP licensing and FRAND models
Law firms continue to sell clients on international footprints, but sprawling office networks count for little if financial structures discourage internal collaboration
Gift this article