IPKAT BOOK REVIEW: CHRISTOPHER WADLOW'S THE LAW OF PASSING OFF

The IPKat has received a review copy of Christopher Wadlow’s The Law of Passing-Off: Unfair Competition by Misrepresentation. Chris Wadlow is a noted scholar in the field of passing off and unfair competition law, as can be seen by this paper on the subject, delivered at the Oxford Intellectual Property Research Centre in 2002.

The third edition, published by Sweet & Maxwell in January 2004, weighs in at 875 pages and is up-to-date to 31 July 2003. New for this edition is a chapter on unfair competition under international law and a consideration of the potential impact of the European Convention on Human Rights on passing-off. Also for the first time, there is coverage of the law of injurious falsehood. Most significantly, the book has acquired a new subtitle, controversially equating passing-off with unfair competition (anyone who doesn't think this is controversial almost certainly has no idea of the argument and speculation resulting from Lord Justice Aldous' throwaway suggestion that the time had come to call a spade a spade and recognise passing off as unfair competition law: see his last words in Arsenal v Reed , paragraph 70 and onwards, last May). The IPKat waits to see if the courts will follow Mr Wadlow’s lead.

The book contains a masterful analysis of the UK case law but at the same time does not neglect the European and international aspects of this aged but still vibrant branch of intellectual property law. Although pricey at £239, this work has more than enough to keep both practitioners and academics happy and contented (not to mention busy) for hours on end.

Passing out here and here
Passing kings here
Passing time here and here