Abstract

http://ssrn.com/abstract=1751583
 


 



Do You Mind My Smoking? Plain Packaging of Cigarettes Under the TRIPS Agreement


Alberto Alemanno


HEC Paris; NYU School of Law

Enrico Bonadio


City University London - The City Law School

January 30, 2011

John Marshall Review of Intellectual Property Law, Vol. 10, No. 3, 2011

Abstract:     
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 would be displayed in a standard font, size, color and location on the package. In opposing this new strategy, the tobacco industry is particularly keen in emphasizing both the ineffectiveness of plain packaging in reducing smoking rates and its incompatibility with international trademark-related provisions. In particular, the tobacco industry as well as other regulated sectors, such as food, alcohol, and cosmetics, believe that plain packaging jeopardizes their trademark rights and particularly contravenes several trademark-related provisions as enshrined in the TRIPS Agreement and the Paris Convention for the Protection of Industrial Property. This article, after introducing the reader to the genesis and rationale of plain packaging within the broader context of the WHO Framework Convention on Tobacco Control, offers a detailed analysis of the compatibility of this new packaging measure with the international system for trade mark protection as enshrined in the TRIPS.

Number of Pages in PDF File: 26

Keywords: International Law, WTO Law, TRIPS, Trademarks, Plain Packaging, Tobacco Control, Lifestyle Risk

JEL Classification: K1, K2, K20, K32, K33

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Date posted: January 31, 2011 ; Last revised: March 8, 2014

Suggested Citation

Alemanno, Alberto and Bonadio, Enrico, Do You Mind My Smoking? Plain Packaging of Cigarettes Under the TRIPS Agreement (January 30, 2011). John Marshall Review of Intellectual Property Law, Vol. 10, No. 3, 2011. Available at SSRN: http://ssrn.com/abstract=1751583

Contact Information

Alberto Alemanno (Contact Author)
HEC Paris ( email )
1 rue de la Libération
Jouy-en-Josas Cedex, 78351
France

NYU School of Law ( email )
Paris
France
Enrico Bonadio
City University London - The City Law School ( email )
London, EC1V OHB
United Kingdom
HOME PAGE: http://www.city.ac.uk/law/
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