Critical Analysis of The Role of Passing Off in the Modern Intellectual Property Legal System

Abstract

Abstract
This article critically analyse the tort of passing off under UK legal system and its role in the modern intellectual property legal system. Passing off is a common law tort that protects the goodwill of a trader from damage which is caused by misrepresentation of other merchants. This article introduces the concept of passing off and its elements and sheds the light on the development of the tort of passing off. the authors undertake a qualitative approach to a thorough investigation that reveals that the tort of passing off in the UK has changed some of its rules including the elimination of the requirement of the common field of activity. It was also found that there has not been any development in the UK to expand passing off to catch post-sale confusion.