Plain Packaging of Tobacco Products Under EU Intellectual Property Law
European Intellectual Property Review, pp. 599-608 (2012)
15 Pages Posted: 14 Nov 2012 Last revised: 6 Dec 2012
Date Written: September 1, 2012
Plain packaging is a new, yet unapplied, tobacco control policy tool. It would remove from cigarettes boxes all fancy and design elements displayed on packaging, such elements usually being registered by tobacco manufacturers as trademarks.
The article explores the compatibility of this new measure with EU intellectual property law (in particular with trademark and design law) as well as with the fundamental rights provisions enshrined in the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union.
Keywords: Tobacco Control, Trademarks, Designs, Fundamental Rights, European Convention on Human Rights
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