Copycat Packaging: a comparison between UK, Austrian and German policy, law and enforcement

Copycat packaging refers to products which are designed to be similar to competing products, particularly well-known brands. Normally, this imitation is done in such a way as to resemble the overall appearance of the original although direct copying of individual features of the original is avoided.

Real-world examples of such imitating products are given and the effects caused by them on brand owners, consumers and society in general are discussed.

The legal section points out that UK Law does not offer sufficient protection against such imitations, which is different in Austrian and German Law. These civil law systems have an Unfair Competition Law, with the aid of which close and deceptive imitations can be prohibited.

Based on a comparison of the relevant statutory provisions as well as the relevant case law of these three jurisdictions, suggestions for introducing provisions dealing with deceptively similar imitations are given.

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