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Bans and Restrictions on the Use of Trade Marks and Consumers' Health

Bonadio, E. (2014). Bans and Restrictions on the Use of Trade Marks and Consumers' Health. Intellectual Property Quarterly, 2014(4),

Abstract

The article analyses to what extent the use of brands on packaging in the field of tobacco, alcohol and food can be prohibited or restricted by governments to protect consumers’ health. After introducing the most important packaging-related measures adopted or proposed in the industries in question and highlighting the differences between the concepts of “registration” and “use” of brands, the paper will make the point that the TRIPS Agreement and the Paris Convention do not offer trademark owners a positive right to use brands, but just a negative right (i.e. the right to prevent third parties from exploiting the sign), which makes the measures analysed in the paper lawful and compliant with those international treaties. In light of the evidence gathered thus far, the measures in question seem also to be capable of meeting the desired target, namely consumers’ health.

Publication Type: Article
Additional Information: Please acknowledge as follows: Bonadio, E., Intellectual Property Quarterly, 2014, Sweet and Maxwell reproduced with permission of THOMSON REUTERS (PROFESSIONAL) UK LIMITED. This extract is taken from the author's original manuscript and has not been edited. The definitive, published, version of record is available here: http://login.westlaw.co.uk/maf/wluk/app/document?access-method=toc&src=toce&docguid=I40FB400066E111E4B3A992EB061CA2DA&crumb-action=append&context=15
Subjects: K Law > K Law (General)
Departments: The City Law School > Academic Programmes
URI: http://openaccess.city.ac.uk/id/eprint/13779
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