ABSTRACT
It is as important to intellectual property right owners to be able to exploit their products without facing unfair market practices, as it is to have protection for the product itself. For this reason, the provisions for registration of trade marks to bolster commercial reputation is treated as an important part of intellectual property law. Equally significant protection is afforded through the common law by the tort of passing off. Since 1896, the courts have developed this tort considerably to meet the need for relief against some forms of unfair competition. However, judicial attitudes have wavered as to the legitimate extent of protection required. The tort of malicious falsehood has also, on occasion, been prayed in aid of the entrepreneur, but it quickly acquired narrow limits and is of less significance. Registered trade marks and passing off differ from patent, copyright and design protection in that they are not tied to the product itself, but focus on the producer’s reputation and goodwill as the source of the goods, and the providers of the goods’, quality.
