Passing Off Pharmaceutical Products

Passing off, a form of tort, the substantive law of which is based on common law with the object of protecting some form of property is no where defined in the Trade Marks Act, 1999 though is referred to in ss. 27(2), 134(1)(c) and 135. The rules and practice relating to an action for infringement are also applicable to an action for passing off. The concept which initially was restricted to representation of one person’s goods as those of another was later extended to business and services which further broadened to include professions and non-trading activities and today it covers within its ambit many forms of unfair trading and unfair competition where the activities of one person cause damage or injury to the goodwill associated with the activities of another person or group of persons. Passing off is treated as a form of unfair competition in USA and the courts in Canada speak of wrongful appropriation of the plaintiff’s personality instead of passing off, he having a