Infringement and passing off systems in intellectual property law: Differences and Similarities

Perhaps, one of the most controversial issues in trade markets is the rights of intellectual assets in both developing and industrial countries. Lawmakers have attempted to manage the investment atmosphere struggling intractably to exploit intellectual rights those creating them or claiming to have them in their personal baskets. Both individuals and legal entities are feeling a deep angst about such a new-found phenomenon. Therefore, Lawyers and legal academics are deeply conflicted about making a balancing stage between the rights of owners and the needs of technology for infrastructures assisting scientists and other researchers to prepare better facilities for all. The focus of today discussion is capturing the reader attention about two developed legal tools entitled: Infringement and Passing off in Intellectual Property Law.

         Infringement has been criminalized as an economic crime in the field of IP. Both Common Law system and other codified legal regimes vastly accept to prevent this kind of criminal conduct and decrease the rate of it as a vital priority to balance trade space. It has distinct perspectives to prevent society from befalling such a crime attacking intellectual property. Therefore, a serious consensus has been observed and also all accept its concept as a behavior modifying functions legally and in judicial procedures manner. The meaning of infringement is defined that it is the owner’s responsibility to defend his or her intellectual property and to take action if someone uses it without permission. Its legal umbrella also includes cases when someone is using all or some of the owner’s work under copyright without his or her permission officially issued in advance. This is the right of owner to permit it after misused conducts, whereas it criminalizes as a behavior assaulting not only individuals, but also the interests of the society as a whole.

         The term of “Passing off” is recently coming at the top of the legal terminology in law texts. The infringement is defined when a work is registered under IP law domestically or internationally as written and ratified in international instruments approved by the UN’s agencies. On the other hand, law supports passing off whenever a work has not been registered but the owner intends to prevent a trader from misrepresenting goods or services as being the goods and services of another, and also prevent a trader from holding out his or her goods or services as having some association or connection with another. This innovation is attracting the public attention, because it prepares legal consultants and services for which unregistered works have been used in a logical timeline recognizing an intellectual right for their users. It is not possible to assess the legitimacy of passing off in all legal systems as long as infringement criminally has been accepted. But it is vastly supported in civil codes directly and indirectly as published in judicial procedures. Consequently, the courts are often authorized to remedy all types of damage sustained by the persons involved who have been recognized as the ownership for unregistered work by the concept of passing off. It has been observed more in common law systems.

         Passing off and infringement are two key tools to protect intellectual property. Its logic is clear. Law respects the individuals’ attempts to make their world better. Hence, the concept is taken as a given in constitutional law that those who are contributing developing sciences or any facilities enjoying others, even if it is just installing a brand to show new kind of cooking style of chicken, to people without any discrimination or attention to their cultural and social distinct factors or differences are eligible principally to more support. Undoubtedly, it is defended strongly by moral criteria.

18 Sep 2020 (640 Words)