In its latest open consultation the British government's Department of Business, Innovation and Skills (BIS) has called for evidence on whether to give to businesses a new civil injunctive power to stop copycat packaging, under the Consumer Protection from Unfair Trading Regulations 2008 (SI 2008/1277). These Regulations, which implemented Unfair Commercial Practices Directive 2005/29 in the United Kingdom, prohibit misleading commercial practices that can cause an average consumer to take a different transactional decision. Both civil and criminal enforcement are provided for.

When the Regulations were implemented, businesses were not given the power to take civil injunctive action to stop "copycat packaging" or "lookalike products". However, after ome vigorous lobbying, BIS now decided to evaluate whether there could be real benefits in introducing such a power. These might include the transfer of some of the cost of enforcement from the public to the private sector. The deadline for submissions in response to the call for evidence is 19 May 2014. An interim report will be discussed with stakeholders during the summer and publication of the final report is expected for September 2014.

MARQUES members who are likely to be interested in or affected by civil injunctive relief are encouraged to respond to the call for evidence.