Don't forget the Business and Consumer Regs
Speaking at the CLT Annual Intellectual Property conference this morning, Joel Smith (Herbert Smith) drew attention to the Consumer Protection from Unfair Trading Regulations and the Business Protection from Misleading Marketing Regulations of 2008.  These UK provisions, which respectively implement Directive 2005/29 on Unfair Commercial Practices and Directive 2006/114 concerning misleading and comparative advertising, constitute the biggest change in consumer protection in the UK in 40 years and cover all forms of marketing and advertising, both on- and offline. Carrying substantial criminal sanctions, they address issues such as comparative advertising -- which generally involves the use of another's trade mark -- and should therefore be borne in mind when constructing an advertising and marketing policy.
Posted by: Jeremy Phillips @ 11.05
Tags: unfair competition,
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