The following IP practice note produced in partnership with Sarah Hadland of S.H. & Associates provides comprehensive and up to date legal information covering:
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 extent to which comparative advertising, whether addressed to traders or consumers, is permitted.
BPR 2008 came into force alongside the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277 and should be considered in tandem with CPUTR 2008 when business practices potentially impact on consumers. See Practice Note: Consumer Protection from Unfair Trading Regulations 2008.
BPR 2008 implemented the EU Misleading and Comparative Advertising Directive (CAD) in the UK and replaced the Control of Misleading Advertisements Regulations 1988, SI 1988/915 and Trade Descriptions Act 1968. The provisions of BPR 2008 form part of retained EU law and continue to apply in the UK following Brexit, but to the extent that the EU law in this area diverges from the position adopted in the UK or there is further deregulation
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Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the COVID-19 outbreak. For updates on key developments and related practical guidance on the implications for lawyers, see Practice Note: Coronavirus (COVID-19)—implications
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A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate title to land (for instance, when land is being acquired or offered up as security), they will write a report on title for their client, which sets
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