The New Intellectual Property of Health

The New Intellectual Property of Health

Beyond Plain Packaging

Edited by Alberto Alemanno and Enrico Bonadio

This timely book provides the first legal and policy analysis of the intellectual property (IP) aspects of a rapidly-growing category of regulatory measures affecting the presentation and advertising of certain health-related goods, namely tobacco, alcohol, food, and pharmaceuticals.

Chapter 6: Plain packaging of tobacco products and the WTO challenge

Mark Davison

Subjects: law - academic, health law, intellectual property law

Abstract

This chapter considers the nature of some of the claims against Australia’s plain packaging measure that allege contraventions of the Agreement Trade-Related Aspects of Intellectual Property Rights (TRIPS). A decision of the Panel is not expected before the middle of 2016 and the submissions of the various parties are not currently public. The chapter therefore focuses on academic debate to date about the nature of plain packaging’s compatibility with TRIPS.

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