Consumer protection legislation requiring a clear and tangible definition has changed once again, regarding rules concerned with fair trade. Since 26^th May 2008, most of the rules in the Trade Descriptions Act have been replaced by The Consumer Protection from Unfair Trading Regulations 2008.

Under the Consumer Protection from Unfair Trading Regulations 2008, it is a criminal offence to mislead consumers about goods and services, which includes immovable property, rights and obligations. The new regulations also make it a criminal offence to mislead other businesses about goods and services, immovable property, rights and obligations.

Any description of goods to be sold or hired must be accurate. The description could be:

·        in writing, for example in an advertisement, poster or brochure

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From 1 October 2008, consumers will have the same rights to a cooling-off period for sales resulting from a solicited call by a trader as they do for sales resulting from an unsolicited visit by a trader to a consumer’s home, workplace or at a location arranged by the trader away from their business premises. This will mean that consumers who agree to purchase goods or services with a total payment value of more than £35 will be able to cancel any agreement within a seven day cooling-off period. Businesses may need to make adjustments to their contracts and sales practices ahead of the commencement date.

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The result would be a largely uniform law of partnership in England, Wales and Scotland (Scottish partnerships already being seen as legal entities) Partnerships in both jurisdictions would able to enter contracts and hold property and would not be automatically dissolved on any change of partner. Partners would continue to be personally responsible for the obligations of the partnership and would continue to owe duties of good faith to each other.

The result would be a largely uniform law of partnership in England, Wales and Scotland (Scottish partnerships already being seen as legal entities) Partnerships in both jurisdictions would able to enter contracts and hold property and would not be automatically dissolved on any change of partner. Partners would continue to be personally responsible for the obligations of the partnership and would continue to owe duties of good faith to each other.

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The increases from 1st October 2007 are as follows:

• the adult National Minimum Wage increased from the previous £5.35 to £5.52;
• for 18-21 year olds increased from the previous £4.45 to £4.60; and
• for 16-17 year olds increased from the previous £3.30 to £3.40.

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Plans for Additional Paternity Leave and Pay could entitle employed fathers to a new right of up to 26 weeks Additional Paternity Leave, some of which could be paid, if the mother returns to work.

The Work and Families Act 2006 has taken powers to enable this new provision to provide more choice to parents in caring for their child, giving fathers a greater opportunity to be involved in the upbringing of their child.

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Previously .. during additional maternity leave, an employee was provided different benefits (other than where pay is concerned) compared to when she took ordinary maternity leave.

For women whose expected week of childbirth begins on or after 5th October 2008, the position has changed. Contractual rights to benefits other than pay (for example holiday rights) during additional maternity leave have been upgraded so that they are the same as during ordinary maternity leave. Pension contributions are unaffected – they must be paid regardless of this change (Social Security Act 1989).

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Changes to trademarks

From 1 October 2008, new rules will apply to trade marks and trade mark applications. If you hold a trade mark, or are applying for one now, read on.

Opposition

Under the Trade Marks (Relative Grounds) Order 2007 it is possible to register a trade mark that is the same as, or similar to, an existing trade mark unless the owner of the earlier trade mark successfully opposes the new application. The new rules will change the opposition period from a fixed three-month period to two months, with a free extension to three months on request by a party considering opposition. This will ensure that those who have trademarks, do not sleep on their rights and instead, remain active.

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