Consumer Protection from Unfair Trading Regulations 2008 and their role in protecting brands
Produced in partnership with Sarah Hadland of S.H. & Associates
Consumer Protection from Unfair Trading Regulations 2008 and their role in protecting brands

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

  • Consumer Protection from Unfair Trading Regulations 2008 and their role in protecting brands
  • Legislation
  • Overview
  • General prohibition on unfair commercial practices
  • Prohibition on misleading actions/omissions or aggressive behaviour
  • Activities which are always prohibited
  • Enforcement
  • Defences
  • Disadvantages to relying on CPRs
  • Advantages to relying on CPRs
  • more

Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing 'copycat' products or using misleading advertising have to rely on a combination of different rights. These rights now include the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277 (CPRs).

The CPRs implemented the European Unfair Commercial Practices Directive (Council Directive (EC) 2005/29) (UCPD) and were heralded as the best means to tackle the issue of copycat packaging and misleading advertising. However, they arguably fall short of giving brand owners an effective tool to address the problem. This Practice Note contains a short summary of the CPRs and highlights some practical issues that may arise when attempting to rely on them.

Legislation

The CPRs implemented the UCPD and came into force on 26 May 2008.

The CPRs also repealed a number of existing laws to avoid different pieces of legislation covering the same subject matter. The repealed legislation included a large part of the Trade Descriptions Act 1968 and Part 3 of the Consumer Protection Act 1987, which dealt with misleading pricing.

Overview

The CPRs prohibit traders across all industries from engaging in unfair commercial practices in their dealings with consumers. Only practices that may have an impact on consumers are covered. In cases where traders are dealing with other businesses, the