The following IP practice note Produced in partnership with Sarah Hadland of S.H. & Associates provides comprehensive and up to date legal information covering:
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.
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CPUTR 2008 also repealed a number of existing laws to avoid different pieces of legislation covering the same subject matter. The repealed legislation included a large part of the Trade Descriptions Act 1968 and Part 3 of the Consumer Protection Act
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The principle of transferred maliceIf a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is guilty of an offence. So, if D shoots at A with intent to kill him but kills B by mistake it is murder; the mistake as to the identity of the victim is irrelevant as D
What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual positions•the main grounds of
There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’) burden where the onus is on that party to prove a fact or issue in a case to the required standard of proof.The legal burden is generally on the
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.Note: this Practice Note does not deal with the
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