Plain Packaging and the TRIPS Agreement: A Response to Professor Gervais

(2013) 23 AIPJ 160

14 Pages Posted: 26 May 2013 Last revised: 21 Sep 2013

See all articles by Mark Davison

Mark Davison

Monash University - Faculty of Law

Date Written: May 25, 2013

Abstract

This article continues a discussion about the compliance of Australian laws on plain packaging of tobacco with the TRIPS Agreement. It further addresses the claim that Article 20 of TRIPS provides positive entitlements to use trademarks. In addition, it considers the issue of what may consitute a justification of an encumbrance on trademarks for the purposes of Article 20 and the possible relevance of the Technical Barriers to Trade Agreement to the plain packaging disputes at the WTO.

Keywords: plain packaging, cigarettes, tobacco, trademarks, TRIPS, Technical Barriers to Trade, Article 20

JEL Classification: K00, K33

Suggested Citation

Davison, Mark, Plain Packaging and the TRIPS Agreement: A Response to Professor Gervais (May 25, 2013). (2013) 23 AIPJ 160. Available at SSRN: https://ssrn.com/abstract=2270208

Mark Davison (Contact Author)

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

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