n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - Aspects of passing off in a statutory context in English and South African law

Volume 21, Issue 5
  • ISSN : 1015-0099
  • E-ISSN: 1996-2185



Statutory protection for trade-mark rights under English law was introduced by the Trade Marks Registration Act 1875. Another significant development was the introduction of the Trade Marks Act 1938. To bring the English system into line with European norms, and to reflect, otherwise, modern trends, the Trade Marks Act 1994 ('the 1994 Act') was passed. This legislation was to be understood against the background of, in particular, the European Trade Marks Directive ('the Directive'). Another important international instrument of relevance is the TRIPS Agreement. The perceived sophistication of these various instruments created the impression that rights relating to trade marks are comprehensively dealt with by the 1994 Act, virtually to the exclusion of the common law. So, eg, Annand and Norman, in commenting on the impact of the 1994 Act, predicted that passing off as a separate cause of action would 'decline in importance' and have a 'confined' role to play. The common-law tort of passing off was perhaps only a vestige of earlier, more primitive times.

Loading full text...

Full text loading...


Article metrics loading...


This is a required field
Please enter a valid email address
Approval was a Success
Invalid data
An Error Occurred
Approval was partially successful, following selected items could not be processed due to error