BIS report shows brand owners more concerned than consumers with copycat packaging

The Department of Business Innovation and Skills has published a report on dealing with copycat packaging. The Consumer Protection from Unfair Trading Regulations 2008 prohibits misleading commercial practices that cause an average consumer to take a different transactional decision, and this may include copycat packaging. The Government decided not to give competitors enforcement rights under those Regulations. In 2014, the Government carried out a call for evidence on copycat packaging.
It sought views on a range of issues, including the problems with the current enforcement position, the extent of consumer detriment from copycat packaging, what other Member States have done about the issue, the cost/benefit balance of giving businesses power to take action, and any other risks and impact. The report found little appetite for change from consumers, many of whom were happy with their purchases; there was also little impact found on incentives to innovate; the biggest impact was on brand owners, who feel there is a gap in the law to protect their rights.