Instructions
à No more than 500 words
à Must include at least 7-10 references (OSOCLA)
à Textbook: David Bainbridge, ‘Intellectual Property Law’ (9th Edition, Pearson 2012)
à I have attached 4 journal articles: Please include an in-depth analysis and
referencing from the journal articles provided and any other resources you deem is
relevant
à Standard to achieve: 2:1 grade (Second upper / 65-69%)
Question
Read Article 10 bis(3) of the Paris Convention. Note the prohibitions:-
1) All acts of such nature as to create confusion by any means whatever with
the establishment, the goods, or the industrial or commercial activities, of a
competitor;
2) False allegations in the course of trade of such a nature as to discredit the
establishment, the goods, or the industrial or commercial activities, of a
competitor;
3) Indications or allegations the use of which in the course of trade is liable to
mislead the public as to the nature, the manufacturing process, the
characteristics, the suitability for their purpose, or the quantity, of the goods.
Consider how the law of passing off deals with each of the three prohibitions in the
Paris Convention article on unfair competition. Has passing off been over extended?
Consider in this regard C. Morcom “Gowers: a glimmer of hope for compliance with
Article 10 bis of the Paris Convention” E.I.P.R. 2007, 29(4), 125-127.
Is passing off moving in the direction of an unfair competition action? Should an
unfair competition action be introduced by statute, to bring the United Kingdom closer
to its European neighbours?
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