Skip to main content

Copyright: Consumers

Volume 464: debated on Tuesday 9 October 2007

To ask the Secretary of State for Business, Enterprise and Regulatory Reform (1) what assessment he has made of the level of protection afforded to consumers from copycat branding; and if he will make a statement; (153777)

(2) if he will introduce legislation to enable companies to address grievances relating to copycat branding through the civil courts; and if he will make a statement.

The Consumer Protection from Unfair Trading Regulations, which implement the Unfair Commercial Practices Directive (UCPD), include provisions prohibiting copycat branding which is likely to confuse consumers into taking a transactional decision they would not have taken otherwise.

In response to the December 2005 consultation on implementation of the UCPD the Government said that they did not propose to allow businesses to take enforcement action for breaches of the directive. This is because it believed that existing arrangements are adequate for dealing with cases that result in real consumer detriment.

A number of responses to the May 2007 consultation on the draft regulations asked the Government to reconsider their decision not to allow companies to take civil (injunctive) action to enforce the provisions copycat branding. We are carefully considering all the responses received before coming to a final decision on how the regulations should best be enforced in the interests of consumers.