Commentary

154.3 Intellectual property issues relating to advertisements

BUSINESSES vol 4(2) start-up, sale and purchase
| Commentary

154.3 Intellectual property issues relating to advertisements

| Commentary

154.3 Intellectual property issues relating to advertisements

The business should ensure that the publication of any advertisement does not infringe any other party’s intellectual property rights. This could happen, for example, if it uses somebody else’s copyright material without permission, or if the statements in the advertisement infringe the registered trade mark of another business or suggest an association with another business sufficient to constitute passing off. The intellectual property rules are detailed and technical, and it would be inappropriate to consider them in the present volume1.

It is worth however considering briefly the issue of comparative advertising under the Trade

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