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


Produced in partnership with Samuel Duerden of Open Plan Law Ltd
Practice notes

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


Produced in partnership with Samuel Duerden of Open Plan Law Ltd

Practice notes
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STOP PRESS: On 24 May 2024, the Digital Markets, Competition and Consumers Bill received Royal Assent, becoming the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024). The DMCCA 2024 is partly in force from the date of Royal Assent. However, most of the key provisions and obligations under the DMCCA 2024 will be brought into force via secondary legislation. Once fully in force, among other things the DMCCA 2024 will revoke the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015, SI 2015/542 and the Consumer Protection from Unfair Trading Regulations, SI 2008/1277. This Practice Note is affected by this change. It is in the process of being updated.

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 IP rights and instruments. This includes the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277.

CPUTR

Samuel Duerden
Samuel Duerden

Solicitor, Open Plan Law Ltd

A newly qualified solicitor practicing in the area of Intellectual Property.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Misleading definition
What does Misleading mean?

The Trade Descriptions Act 1968 (TDA 1968), s 3(2) provides that a trade description which, though not false, is misleading in that it is likely to be taken as an indication of such of the matters specified in TDA 1968, s 2 and, as such an indication, would be false to a material degree, shall be deemed to be a false trade description.

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