Chapter 1: Trade mark investment disputes: case studies
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Chapter 1 follows the relevant issues as identified in the Introduction with illustrations through several case studies. Case details are presented separately for different jurisdictions and offer some detail on the national court cases, arbitration claims, and WTO disputes, where available. Chapter 1 introduces the tobacco plain packaging regulation as implemented in Australia, Uruguay and the United Kingdom. Most importantly, it highlights the facts of the Philip Morris cases. It then turns to regulation of non-communicable diseases in Peru and Chile. Next, Chapter 1 introduces the case study of infant formula internationally and in South Africa. Finally, Chapter 1 explores the recent approach in the United States to trade marks, which are derogatory to certain groups in the society (the Redskins and The Slants cases). Where claims are only speculative, this chapter identifies the possible outline of trade mark investment arbitration (should there ever be one in the future).

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