Plain Packaging in Australia: Implications for Trademark Rights Under the TRIPS Agreement and the Paris Convention

Anuario Andino de Derechos Intelectuales, Baldo Kresalja Rossello (ed), Palestra 2014, pp. 295-303

Posted: 23 May 2015

See all articles by Andrew D. Mitchell

Andrew D. Mitchell

University of Melbourne - Law School

Mariela Maidana-Eletti de Amstalden

University of St. Gallen

Date Written: February 28, 2014

Abstract

As other forms of advertising have been restricted, packaging has be-come an increasingly important way for the tobacco industry to attract new smokers. As part of its efforts to reduce smoking and its harmful effects, Australia became the first country to require standardised packaging for tobacco products (referred to as plain packaging). Predictably, this drew a strong response from the tobacco industry, which has launched or funded a series of challenges to Australia’s health measure. One arena for these legal challenges is the World Trade Organization (WTO). The WTO complaints concerns WTO obligations related to different agreements, including the Agreement on Technical Barriers to Trade (TBT) and the General Agreement on Tariffs and Trade (GATT), but the area that has generated the most interest concerns the WTO obligations concerning intellectual property contained in the Agreement on Trade Related-Aspects of Intellectual Property (TRIPS Agreement). They key question here is to what extent international trademark law constrains public policy measures affecting the use of a trade mark.

Keywords: Plain Packaging, WTO Law, TRIPS Agreement, Trademark Protection

Suggested Citation

Mitchell, Andrew D. and Maidana-Eletti de Amstalden, Mariela, Plain Packaging in Australia: Implications for Trademark Rights Under the TRIPS Agreement and the Paris Convention (February 28, 2014). Anuario Andino de Derechos Intelectuales, Baldo Kresalja Rossello (ed), Palestra 2014, pp. 295-303. Available at SSRN: https://ssrn.com/abstract=2608274

Andrew D. Mitchell

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia
+61383441098 (Phone)
+61393472392 (Fax)

HOME PAGE: http://www.law.unimelb.edu.au/staff/Andrew%20Mitchell

Mariela Maidana-Eletti de Amstalden (Contact Author)

University of St. Gallen ( email )

Langgasse 1
St. Gallen, 9008
Switzerland

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