Asked by: Gareth Davies (Conservative - Grantham and Bourne)
Question to the Department for Business, Energy and Industrial Strategy:
To ask the Secretary of State for Business, Energy and Industrial Strategy, what assessment the Government has made of the potential benefits to SMEs of codifying the legal doctrine of passing off.
Answered by Amanda Solloway
Passing off is a well-established principle in common law and is used to protect businesses (including SMEs) who operate in the UK against other businesses misrepresenting themselves to the public as that first business. It is often seen as a flexible and entirely appropriate mechanism to deal with unregistered trade mark infringement. The Government has not made any specific assessment of the potential benefits to SMEs of codifying the legal doctrine of passing off.
Owners of registered and unregistered trade marks, in particular SMEs have various affordable avenues to address trade mark infringement, including passing off claims. These avenues include the Intellectual Property Enterprise Court which includes a small claims track specifically designed to help SMEs address IP disputes in a more affordable way. SMEs may also take advantage of the IP Pro Bono initiative and mediation services, including the mediation service offered by the Intellectual Property Office (IPO). Full guidance for SMEs on how to address IP infringement, including affordable access to justice is available at the IPO’s website (www.ipo.gov.uk).
Asked by: Gareth Davies (Conservative - Grantham and Bourne)
Question to the Department for Business, Energy and Industrial Strategy:
To ask the Secretary of State for Business, Energy and Industrial Strategy, what assessment the Government has made of the potential benefits to SMEs of creating unfair competition legislation similar to the German Unfair Competition Act of 2004 or the US Trademark Dilution Revision Act 2006.
Answered by Paul Scully
The Government is committed to tackling unfair business practices and keeps competition law under constant review to ensure that it is as effective as possible in protecting the interests of consumers and businesses.