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
Date Written: May 25, 2013
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: Suggested Citation