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  14.09.2023

  United Kingdom

  UK Government announces consultation on consumer protection reforms

  On 4 September 2023, the Department for Business and Trade launched a consultation (“Consultation”) to assess how to improve price transparency and product information for consumers. Prompted by its ongoing review of retained EU laws post-Brexit and the continued focus on the evolving ways in which businesses are offering goods and services to consumers, the Consultation is designed to assess whether the current rules are still fit for purpose.The Consultation follows the publication of the highly anticipated Digital Markets, Competition and Consumers Bill (“DMCC”) earlier...

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  21.08.2023

  United Kingdom

  Feel the glamour in pink: the co­m­me­r­cia­li­sa­tion of Barbie

  In a recent interview with LexisNexis Kelly Saliger discussed the layers of IP involved in the creation and commercialisation of Barbie.  From copyright options to leverage in commercial negotiations – what’s worked well?  The article also considers collaborations and merchandising, basic contract terms including exclusivity and territory, the use of social media during promotion and how close is too close for social commentary and parody?What does the Barbie film mean for IP rights?‘Barbie’ is one of the most publicised films of the summer. What IP issues are...

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  28.07.2023

  United Kingdom

  Beauty box subscriptions: the makeover mandated by the new DMCC Bill

  Everyone loves a well-thought-out surprise. And many consumers feel overwhelmed by the sheer number of products available in the cosmetics industry. In steps the beauty box: a personalised, monthly assortment of skincare, makeup, haircare and beauty products, often in sample sizes, delivered right to a consumer’s door.But, at least for some, the appeal of these subscription boxes can start to fade, particularly where the initial enticement of a discounted or free box subsides. Some companies make unsubscribing simple. For others, consumers face a laborious, pain-staking process. New provisions...

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  27.04.2023

  United Kingdom

  ‘Copycats’ – the sincerest form of flattery, or the trickiest form of IP infringement?

  While copying is often cited as the sincerest form of flattery, when it comes to so called ‘copycat’ products, it can be a real problem for brand owners. So, what can be done to protect a brand against this kind of infringement?‘Copycat’ products are products which are intentionally designed to mimic a well-known brand, by copying aspects such as the product name, design or packaging, to make a purchaser associate one product with the other. In recent times, more and more copycat products can be found on shelves, particularly in the food and drinks industry. This can be...

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  25.04.2023

  England and Wales

  Consumer regulator given 10% fining powers under new consumer law Bill

  10% fining powers confirmed in newly unveiled consumer law Bill:Highly-anticipated proposals for new consumer laws have today (25 April 2023) been published in the Digital Markets, Competition and Consumers Bill (the “Bill”).The Bill propels the UK’s consumer regulator, the Competition and Markets Authority (“CMA”), from having no right to fine for consumer law breaches into having the most aggressive fining regime in any country we know, with penalty fines linked to a business’ annual global, rather than UK-specific, turnover.  The proposals show that the...

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  25.04.2023

  United Kingdom

  Delayed launch brings revised Deposit Return Scheme for Scotland

  The Scottish Deposit Return Scheme (“DRS”) is a key element of Scotland’s transition to a circular economy, though its path to implementation has not been without challenges. On 18 April 2023, Scotland’s First Minister announced that the introduction of the DRS would be delayed once again to ensure a successful launch on 1 March 2024. The Scottish Government later revealed a number of changes to “simplify and de-risk” the scheme. We provide an overview of the revised implementation timeline and updated measures relevant to producers, retailers and other stakeholders.TimelineThe...

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