Goodwill In Passing Off PDF Download

"In this third edition, "The Law of Passing-off" gains a new subtitle and two major extensions to its coverage. Though the term 'passing-off' is familiar enough, it is something of a misnomer. It understates the full extent and importance of the tort, and baffles all but specialists. In the Civil law, 'unfair competition' has long been recognised as a subject of major importance in its own right, and even in England the phrase is increasingly accepted either as a synonym for passing-off, or as an all-embracing term for that and related causes of action, of which the natural counterpart to passing-off is injurious falsehood. This edition is therefore better described as the "Law of Unfair Competition by Misrepresentation." The present edition includes for the first time a chapter on the international law of unfair competition under the Paris Convention for the Protection of Industrial Property, with a detailed account of the drafting and negotiating history of Article 10bis of the latter. As related but logically separated developments, there are new sections on the possible impact of the European Convention on Human Rights, the WTO TRIPs Agreement, and on unfair competition in private international law. Although the Paris Convention does not directly affect day-to-day practice it does provide the only international consensus against which national laws of unfair competition may be compared, and any future efforts at harmonisation by the European Community can hardly fail to take it as their starting point...The present edition is to some extent pre-emptive of what can be expected to come." -- p. v.