Revisiting TRIPS and Trademarks: The Case of Tobacco
8 Pages Posted: 10 Sep 2012
Date Written: September 10, 2012
Abstract
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. Overwhelmingly, these developments reinforce the earlier conclusion that plain packaging, as now implemented by Australia, is consistent with WTO law.
Keywords: Tobacco, Plain packaging, TRIPS, WTO, Framework Convention on Tobacco Control
JEL Classification: K32, K33
Suggested Citation: Suggested Citation
McGrady, Benn, Revisiting TRIPS and Trademarks: The Case of Tobacco (September 10, 2012). Available at SSRN: https://ssrn.com/abstract=2144269 or http://dx.doi.org/10.2139/ssrn.2144269
Do you have negative results from your research you’d like to share?
Feedback
Feedback to SSRN
If you need immediate assistance, call 877-SSRNHelp (877 777 6435) in the United States, or +1 212 448 2500 outside of the United States, 8:30AM to 6:00PM U.S. Eastern, Monday - Friday.