tag:blogger.com,1999:blog-5574479.post116917961634676151..comments2024-03-28T11:16:43.146+00:00Comments on The IPKat: Quick question on passing off/unfair competitionVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-5574479.post-1169217061722122472007-01-19T14:31:00.000+00:002007-01-19T14:31:00.000+00:00Michalis Kosmopoulos, from Greece, has just emaile...Michalis Kosmopoulos, from Greece, has just emailed me this: "Under Greek Unfair Competition law, a person or entity may file an action, asking from the Court (in this case the Civil Multi-Member Court of First Instance) to render a decision-diagnosis, recognizing that its behavior does not constitute unfair competition against a third party. This is a kind of action provided by the Greek Civil Procedure Code for all civil law disputes. However the claimant has to prove a legitimate interest. A party would have a legitimate interest if, for example, the other party has sent a cease and desist letter alleging unfair competition, or if a temporary injunction has been issued against him. I can not think right now of a reported case, but it can surely be done".Jeremyhttps://www.blogger.com/profile/01123244020588707776noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-1169206177858577222007-01-19T11:29:00.000+00:002007-01-19T11:29:00.000+00:00Thanks for both of these comments, which I am addi...Thanks for both of these comments, which I am adding to my small but growing collection of thoughts on the subject.Jeremyhttps://www.blogger.com/profile/01123244020588707776noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-1169200835026404592007-01-19T10:00:00.000+00:002007-01-19T10:00:00.000+00:00It can be done as there is a general discretion to...It can be done as there is a general discretion to grant a declaration (of course subject to the duty to act judicially).<BR/><BR/>However, it will rarely happen unless a positive assertion of passing off has been made. The courts don't decide moot points.<BR/><BR/>See the recent case of Point Solutions v Focus in which a negative declaration was sought in relation to copyright infringement (the position will be the same when it comes to passing off). The declaration was refused.<BR/><BR/>All the relevant authorities were reviewed in paras 62-69.<BR/>http://www.bailii.org/ew/cases/EWHC/Ch/2005/3096.htmlAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-1169200068492644482007-01-19T09:47:00.000+00:002007-01-19T09:47:00.000+00:00In Portugal, it would be abstractly possible to re...In Portugal, it would be abstractly possible to request of the court a declaration stating that the applicant is not praticising acts of unfair competition (provided, of course, you currently identify the economic agent you want the declaration to relate to and the type of unfair competition you are NOT doing). In fact, you can obtain such a declaration for any kind of situation under civil law. <BR/>However, I do not believe anyone has ever requested, or obtained, such a declaration in the specific issue of unfair competition.Anonymousnoreply@blogger.com