THE CONCEPT OF PASSING-OFF UNDER THE INDIAN IPR REGIME
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Abstract
The voice of the intellect is a soft one, but it does not rest until it has gained a hearing.
- Sigmund Freud
The voice of this intellect is known as intellectual property (IP) and the legal rights that, arises from this voice is known as intellectual property rights (IPR). Protection of the creative work is essential in promoting and encouraging creativity and dissemination and application of its results. Intellectual property is crucial in ensuring a nation’s development and progress.
A manufacturer or trader puts in tremendous effort to make ones goods or services popular and needed in the market. It involves new marketing strategies and creativity in working out a new kind of product loved and demanded by the consumer. He/ she markets their product by naming their business through a ‘mark’ – called trademark.
Trademark is one kind of intellectual property, which enables a consumer to identify the goods and services of a particular manufacturer from the other in the competitive market economy. It is a prime instrument in advertising and selling the goods. In crisp words, trademark performs two core functions – firstly ,it enables the consumer to identify ones choice of product in a class of goods and secondly, restores the owner’s trade and the goodwill attached to the same. This paper basically deals with a common law product born to protect the goodwill and reputation attached to these marks, a common law tort – passing off.
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