Passing off în privinţa denumirii de brevet european cu efect unitar
Passing off concerning the designation of European patent with unitary effect

Summary/Abstract: Passing off is a doctrine created by the UK jurisprudence. The traditional form of passing off appears when one trader presents his good in a fals representation which will create the impression that are made by another trader. In other European national legislation, passing off is a form of unfair competition. In this article, we would like to apply passing off criteria in order to establish if there is a risk of confusion between the concepts of „European patent with unitary effect” and „European patent”. The three elements that have to be demonstrated in a passing off action are reputation, misrepresentation and damage. With this view in mind, we would like to analyze if these criteria may be applied to this two concepts.

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