Document Type
Article
Publication Title
Vanderbilt Journal of Transnational Law
Publication Date
2013
ISSN
0090-2594
Page Number
1149
Keywords
cigarettes, labeling, smoking, law and legislation, TRIPS Agreement, intellectual property
Disciplines
Intellectual Property Law | International Trade Law | Law
Abstract
The issue of plain packaging is at the very core of the intersection between trade law, intellectual property and public health. Unlike the issue of export of generic pharmaceuticals, which was addressed in the World Trade Organization by the adoption of a specific Declaration and notification system, it seems that plain packaging will be addressed by the WTO Dispute-Settlement Body. A report prepared by the author in 2010 discussing the intellectual property aspects of plain packaging was critiqued by Professors Davison, Mitchell and Voon in several publications and submissions, including a recent book. In this article, the author responds to those critiques, reiterating the importance of the issue and analysing developments since 2010, including the adoption of the Australian plain packaging legislation.
Recommended Citation
Daniel J. Gervais,
Plain Packaging and the TRIPS Agreement: A response to Professors Davison, Mitchell and Voon, 46 Vanderbilt Journal of Transnational Law. 1149
(2013)
Available at: https://scholarship.law.vanderbilt.edu/faculty-publications/840