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Holyoak and Torremans Intellectual Property Law

Holyoak and Torremans Intellectual Property Law (9th edn)

Paul Torremans
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date: 22 September 2021

p. 51528. Tortious protection of intellectual property rightslocked

p. 51528. Tortious protection of intellectual property rightslocked

  • Paul TorremansPaul TorremansProfessor of Intellectual Property Law, University of Nottingham

Abstract

This chapter discusses the ways in which the common law, in the form of the law of tort, creates rights of action. It focuses on the torts of passing off and malicious falsehood, although attention is also paid to the ways in which defamation can assist. These rights are supplementary, and complementary, to the statutory formal rights. In particular, trade mark law and passing off closely overlap, although s. 2(2) of the Trade Marks Act 1994 preserves passing off as a separate cause of action.

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