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

McGrady, Benn, Revisiting TRIPS and Trademarks: The Case of Tobacco (September 10, 2012). Available at SSRN: or

Benn McGrady (Contact Author)

Georgetown University ( email )

Washington, DC 20057
United States

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