Question to the Department for Business, Energy and Industrial Strategy:

To ask the Secretary of State for Business, Energy and Industrial Strategy, what assessment the Government has made of the potential benefits to SMEs of codifying the legal doctrine of passing off.

Passing off is a well-established principle in common law and is used to protect businesses (including SMEs) who operate in the UK against other businesses misrepresenting themselves to the public as that first business. It is often seen as a flexible and entirely appropriate mechanism to deal with unregistered trade mark infringement. The Government has not made any specific assessment of the potential benefits to SMEs of codifying the legal doctrine of passing off.

Owners of registered and unregistered trade marks, in particular SMEs have various affordable avenues to address trade mark infringement, including passing off claims. These avenues include the Intellectual Property Enterprise Court which includes a small claims track specifically designed to help SMEs address IP disputes in a more affordable way. SMEs may also take advantage of the IP Pro Bono initiative and mediation services, including the mediation service offered by the Intellectual Property Office (IPO). Full guidance for SMEs on how to address IP infringement, including affordable access to justice is available at the IPO’s website (www.ipo.gov.uk).