Commercial enterprises in several industries are increasingly using aggressive marketing strategies to attract and keep customers. Amongst these strategies, the choice of the “right” brand is obviously key — and trademarks are sometimes chosen that aim at shocking existing and potential...

The need to supply consumers with healthier food and beverages constitutes an urgent priority as many people in both industrialized and developing countries struggle with obesity and other non-communicable diseases (NCDs) caused by the consumption of unhealthy products. This article makes the...

This chapter is the introduction to the book "The New Intellectual Property of Health - Beyond Plain Packaging", which provides the first legal and policy analysis of the intellectual property (IP) aspects of a rapidly growing category of regulatory measures affecting the presentation of certain...

The European Court of Justice (ECJ) rendered a decision regarding supplementary protection certificates (SPCs) for plant protection products and provisional marketing authorizations. The ECJ clarified that SPCs for patented plant protection products may also be based on provisional marketing...

This article seeks to contribute to the debate around the legality of the Prosecco geographical indication (GI). The article’s main point is to demonstrate that the term Prosecco does satisfy the conditions laid down in Article 22 TRIPS, and that its protection as a GI in both the EU and other...

The recent Association Agreement signed between the European Union and Central American countries contains important intellectual property provisions. Some of these provisions have been inserted in the treaty to meet Central America states’ needs, especially with reference to technology...

The chapter highlights how certain areas of IP Indian regimes are based on firm public interest focused principles. They not only offer IP owners monopolistic rights to extract economic value out of their inventions, plant varieties, signs or copyrighted works—they also strongly protect the...

The article analyses the first compulsory licence granted by the Indian government. The author argues that the decision adopted by India might be in violation of the non discrimination principle enshrined in Article 27(1) TRIPS Agreement