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 CPUTR 2008
  • Advantages to relying on CPUTR 2008
  • more

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: Brexit—IP rights.

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 include the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277.

CPUTR 2008 implemented the Unfair Commercial Practices Directive (Council Directive 2005/29/EC) (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 CPUTR 2008 and highlights some practical issues that may arise when attempting to rely on them.

Legislation

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

CPUTR 2008 also repealed a number of existing laws to avoid different pieces of legislation covering the same subject matter. The repealed legislation included a large part of the Trade Descriptions Act 1968 and Part