Business Protection from Misleading Marketing Regulations 2008 and passing off
Produced in partnership with Sarah Hadland of S.H. & Associates

The following IP practice note produced in partnership with Sarah Hadland of S.H. & Associates provides comprehensive and up to date legal information covering:

  • Business Protection from Misleading Marketing Regulations 2008 and passing off
  • Legislation
  • What do BPR 2008 do?
  • Misleading advertising
  • Comparative advertising
  • The relationship between BPR 2008 and the Trade Marks Act 1994
  • Offences and enforcement
  • Practical points
  • Disadvantages of relying on BPR 2008
  • Advantages of relying on BPR 2008
  • More...

Business Protection from Misleading Marketing Regulations 2008 and passing off

IP COMPLETION DAY: The Brexit transition period ended at 11pm on 31 December 2020. At this time (referred to in UK law as ‘IP completion day’), transitional arrangements ended and significant changes began to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for intellectual property?

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance, see Practice Note: What does IP completion day mean for intellectual property?

Businesses seeking to prevent competitors gaining an unfair advantage through the use of misleading advertisements or copycat products have to rely on a combination of different rights. Historically, passing off has played a key role in preventing unfair business practices but a passing off claim has its limitations and the advent of the Business Protection from Misleading Marketing Regulations 2008 (BPR 2008), SI 2008/1276 has been a useful addition in the fight against unfair business practices.

BPR 2008 prohibit advertising that misleads traders. They also set out the

Popular documents