Passing off is a form of unfair competition which can lead to confusion, and false allegation, because with the passing off the impression there is a close link / indication of the existence of a relationship, an indication of misleading the public (consumers). The absence of laws that specifically regulate the Passing Off action as a violation on Trademark Rights resulted in businesses that are victims of this action is difficult to obtain legal protection. Efforts to provide legal protection to businesses as a result of act of unfair competition in the form of passing off against the trademark rights is still in general in the Criminal Code Article 372 bis Penal (Penal Code).
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