"Plain Packaging": controversias alrededor de las restricciones al uso de marcas registradas vinculadas a los productos del tabaco
The purpose of this paper is to analyze the impact of the imposition of generic branding to tobacco products, as enacted in Australia in 2011, through the lenses of industrial property and trademark law. This is achieved by means of a qualitative review of the specialized literature related to the...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2015
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7249159 |
| Source: | Revista Derecho Privado: (Universidad de los Andes), ISSN 1909-7794, Nº. 53, 2015, pags. 266-290 |
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| Summary: |
The purpose of this paper is to analyze the impact of the imposition of generic branding to tobacco products, as enacted in Australia in 2011, through the lenses of industrial property and trademark law. This is achieved by means of
a qualitative review of the specialized literature related to the rights granted by trademark registration as well as the
distinctive functions of a trademark, considering the restrictions to the use of distinctive signs imposed by the Australian
Plain Packaging Act of 2011. Two levels of the controversial policy are examined. First, the tension between the personal
rights of industrial property titleholders and the collective rights associated to public health, which the Act purports to
protect. Secondly, the contradiction that could exist between the internal regulation under which tobacco plain packaging is to be enforced, and the international obligations that arise from the trips agreement in the frame of the wto. As a
conclusion, the document evaluates the potential impact of the Australian policy as a new regulatory trend, as well as
the manner in which it may affect the notion of trademark. |
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