Research Handbook on Intellectual Property and Creative Industries
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Research Handbook on Intellectual Property and Creative Industries

Edited by Abbe E.L. Brown and Charlotte Waelde

The creative industries are becoming of increasing importance from economic, cultural, and social perspectives. This Handbook explores the relationship, whether positive or negative, between creative industries and intellectual property (IP) rights.
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Chapter 4: Passing off, unfair competition and trade marks

Hasan Kadir Yilmaztekin

Abstract

The Creative Industries have become prominent actors in shaping economies. This phenomenon has led the several stakeholders in these industries to seek and find the ways in which their intellectual property assets can be protected. The legal protection of these industries’ brands is an essential element of securing these interests. To this end, this chapter examines the common law of passing off, unfair competition law and the statutory regime that protects registered trade marks found in the UK within the wider context of the EU – with an awareness at the time of writing of the uncertainty given the prospect of Brexit. Further, it offers new perspectives on potential remedies within the current legal framework for the brand protection of the Creative Industries and on the positive impact and relevance of these legal mechanisms on such protection.

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