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Plain packaging is a new, yet unapplied, tobacco control policy tool. It would remove from cigarettes boxes all fancy and design elements displayed on packaging, such elements usually being registered by tobacco manufacturers as trademarks.The article explores the compatibility of this new...
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In 2014, as a response to the growing awareness of cigarettes having a negative effect on human health, the European Union has decided to adopt a new Directive on Tobacco Products. Some of its provisions regarding the labeling of tobacco products raised concerns on whether they are TRIPS...
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In 2018, a World Trade Organization (WTO) Panel ruled that plain packaging of tobacco products was consistent with Australia's obligations under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and was in the interest of public health. Plain packaging restricts the...
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Australian legislation for the plain packaging of tobacco products raises a number of issues concerning the interpretation of TRIPS. Some have argued that TRIPS either confers a right to use or something approaching a right to use that is far more than a privilege of using a trademark....
Persistent link: https://www.econbiz.de/10014153915
In light of recent developments, this paper revisits the 2004 article TRIPS and Trademarks: The Case of Tobacco. It is argued that developments in WTO case law since 2004 have gone a significant way to clarifying the extent to which WTO Members have regulatory autonomy in a health context....
Persistent link: https://www.econbiz.de/10014165854
Plain packaging, a new tobacco control tool that is currently being considered by a growing number of countries, mandates the removal of all attractive and promotional aspects of tobacco product packages. As a result, the only authorized feature remaining would be the use of brand name, which...
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