Câteva reflecţii despre procedura de passing off din Regatul Unit şi posibilă aplicabilitate la nivelul Uniunii Europene
Some reflections on the UK passing off procedure and the possible applicability thereof at the level of the European Union

Summary/Abstract: The British case law has developed a series of common law torts designed to supplement the lack of uniform rules on unfair competition. One of these is the tort of passing off, a legal institution that has been and is in constant evolution since its inception. In this article we will detail the relationship between passing off and registered trademarks, the British case law opting for the independence of the two trademark protection systems. We will also examine a few considerations regarding the relevance of the tort of passing off in the European context, namely the manner and conditions under which it may be successfully invoked by a UK rights holder against the registration of a European mark.

• Details
• Contents