BBG urges designers to get involved in copycat packaging inquiry

The inquiry will specifically look at the issue of copycat packaging and other practices, asking whether measures implemented to tackle these after the 2006 review are working effectively.

Copycat packaging emulates key elements of the presentation of familiar or trusted branded goods. The use of these distinctive features can mislead consumers into believing that the copycat packaging actually is the brand or connected with the brand owner.

BBG director John Noble said: “This is an opportunity for us to state our case. Gowers hasn’t helped in the area of misleading packaging and brands are still not properly protected from misappropriation of their designs.”

BBG had hoped the Unfair Commercial Practices Directive, which came into force in April 2008, would be “the best opportunity for 10 years” to do something about copycat packaging, but the government did not include the right to private prosecution in the legislation.

“The directive is all about protecting consumers, not brands,” said Noble.

“Copycat packaging is now out of the hands of brand owners and in the hands of Trading Standards and the Office of Fair Trading.”

Noble said the inquiry would enable interested parties to flag copycat packaging as an ongoing issue and the government “must provide an answer”.

The All-Party Intellectual Property Group debates and highlights the value of intellectual property rights to the economy and the importance of intellectual property protection and enforcement. It is chaired by Rossendale & Darwen MP Janet Anderson.

All evidence should be submitted to alliance@luther.co.uk by 3 October 2008.

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