Plain Packaging and the Interpretation of the TRIPS Agreement 46 Vanderbilt Journal of Transnational Law 2013

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46 Vand. J. Transnat'l L. 1149 (2013)
Plain Packaging and the Interpretation of the TRIPS Agreement

handle is hein.journals/vantl46 and id is 1199 raw text is: VANDERBILT JOURNAL
of TRANSNATIONAL LAW

VOLUME 46

NOVEMBER 2013

Packaging

Interpretation
Agreement

and

of the

the
TRIPS

Susy Frankel*
Daniel Gervais*
ABSTRACT
Plain packaging of cigarettes as a way of reducing tobacco
consumption and its related health costs and effects raises a
number of international trade law issues. The plain packaging
measures adopted in Australia impose strict format
requirements on word trademarks (such as Marlboro or Camel)
and ban the use of figurative marks (colors, logos, etc.). As a
result, questions have been raised as to plain packaging's
compatibility with the World Trade Organization's (WTO)
Agreement on Trade-Related Aspects of Intellectual Property
Rights (TRIPS Agreement)..
WTO members can validly take measures to protect and
promote public health, but in doing so they must comply with
the WTO agreements. In order to determine compliance, a
proper method to interpret applicable WTO rules is
indispensable for the stability and predictability of the world
* Professor of Law, Victoria University of Wellington. Thanks to Thomas McKenzie
and Michelle Limenta for research assistance. The authors also thank Mark Bennett
and Rochelle Dreyfuss for their generous comments on earlier versions of this Article.
* Professor of Law, Vanderbilt Law School.

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Plain