Industry awaits ?nal copycat proposals

Sickness in the Department for Business, Enterprise & Regulatory Reform (BERR) legal team forced the delay to the publication of the Unfair Commercial Practices Directive (UCPD). Consultation ended on 21 August and its publication is now expected this month, prior to final implementation in April.

In December, the OFT said the right for private prosecution should be included in the directive.

Responses to a discussion paper it launched in April showed that consumers and businesses wishing to bring legal proceedings continued to face “significant barriers”.

BERR dropped the provision for private prosecution in its proposals to implement the UCPD. Once the directive is implemented, it will not be reviewed until 2011.

British Brands Group director John Noble said the OFT’s position was “extremely helpful in showing up contradictions in the government’s various approaches”.

* Procter & Gamble has filed three patent infringements and a trade dress infringement against US-based Fruit of the Earth over its patented Olay Regenerist packaging. P&G claimed the “lookalike” products, sold at CVS Pharmacy stores in the US, could cause confusion for customers and “trade on the goodwill” established by its brand.

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