Revisiting TRIPS and Trademarks: The Case of Tobacco
8 Pages Posted: 10 Sep 2012
Date Written: September 10, 2012
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