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 practice 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...

Consumer Protection from Unfair Trading Regulations 2008 and their role in protecting brands

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin 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?

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

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