Hamilton Pratt

Other Applications of IP

Parallel Importing

If you want to stop imports of your products into the UK, you cannot do so by using UK intellectual property rights if the products are marketed in the other EU member state with your consent (eg through a licensee or distributor).

Other Intellectual Property Protections

The general law (known as common law) in the UK recognises the concept of passing off.  This is a non-statutory concept and has developed through court decisions.  Protection from passing off is automatic for the reputation or goodwill which a business has in its product, name or mark.  Where another business causes or leads to confusion in the mind of the public or deceives the public by using the owner's name or mark and the owner suffers loss as a result, the owner can take legal action to recover damages and prevent further infringement of its rights.  Protection is indefinite for so long as the owner carries on the business and uses the name or mark.