Plain Packaging of Tobacco and the 'Right' to Use a Trade Mark

European Intellectual Property Review, No. 8, pp. 498-501, 2012

Monash University Faculty of Law Legal Studies Research Paper No. 2013/10

4 Pages Posted: 29 Aug 2012 Last revised: 18 Jul 2013

See all articles by Mark Davison

Mark Davison

Monash University - Faculty of Law

Date Written: July 27, 2012

Abstract

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

Davison, Mark, Plain Packaging of Tobacco and the 'Right' to Use a Trade Mark (July 27, 2012). European Intellectual Property Review, No. 8, pp. 498-501, 2012; Monash University Faculty of Law Legal Studies Research Paper No. 2013/10. Available at SSRN: https://ssrn.com/abstract=2137455

Mark Davison (Contact Author)

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

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