Plain Packaging of Tobacco and the 'Right' to Use a Trade Mark
European Intellectual Property Review, No. 8, pp. 498-501, 2012
4 Pages Posted: 29 Aug 2012 Last revised: 18 Jul 2013
Date Written: July 27, 2012
The impending introduction of plain packaging for cigarettes in Australia is the subject of intense debate that includes discussion of whether the legislation contravenes international obligations relating to the protection of trademarks. One of the assertions commonly made by those opposing plain packaging is that trademark owners have a right to use their trademarks. The assertion is incorrect. This piece summarizes some of the reasons why it is incorrect.
Keywords: trademarks, TRIPS, tobacco, packaging international law, Australia
JEL Classification: K33
Suggested Citation: Suggested Citation