Passing Off & GI

Question 1

What is the law of passing off

Answer 1

It offers protection for goods and services that are not registered (TM protected) , based on the get up.
But must establish the 3 element
1. Goodwill in singapore
2. Misrepresentation by defendant
3. Damages suffered by plaintiff

Question 2

Difference between Trademark and Passing off

Answer 2

Talk about the three elements of passing off
- Must prove goodwill, TM dont need prove goodwill, the certification can already
- Misrep, trademark dont need prove misrep, as long got likelihood of confusion
- damages, no need prove damages to establish liability

Question 3

What is a GI

Answer 3

GI refers to geographical indication used in trades to identify goods from the country of origin provided that:
- The country of origin is a qualifying country ( member of the WTO)
- The goods must have some special/unique characteristics/quality/reputation attributed to the that place

Question 4

Why are GIs Valuable?

Answer 4

1. Allows consumers to know where the goods come from (source identifier) —> indicates quality
2. Preserve cultural identify of the place
3. Goods with GI tend to have higher price
4. Acts as a marketing tool to promote branding gain customer loyalty
5. Relates to the country manufacturing skills
6. Help economic development of developing countries

Question 5

Difference between GI and TM

Answer 5

GI - the place (location) of the origin, trademarks are not
Trade marks belong to an individual company to distinguish between goods and services.
But GI can be applicable to any (INTERESTED PARTY OF GOODS), producer/trader in the region. They can take actions against infringer that doesnt comply with the GI law.

Question 6

What are the non protectable GIs?

Answer 6

1. Didnt follow the definition of GI
2. If the GI is no longer protected in the country of origin, then it will not be protected
3. It is immoral or against the public order
4. It has become a common name in singapore
5. If it is a confusingly similar mark ( someone got the tm before already)
6. Name of a person / predecessor in a particular biz
7. For wine and spirits must be continously used for 10years before 1994 otherwise must have good faith before that