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Full-Text Articles in Law

Plain Packaging And The Interpretation Of The Trips Agreement, Daniel J. Gervais, Susy Frankel Nov 2013

Plain Packaging And The Interpretation Of The Trips Agreement, Daniel J. Gervais, Susy Frankel

Daniel J Gervais

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 …


Cognac After Spanish Champagne ? Geographical Indications As Certification Marks, Daniel J. Gervais Dec 2012

Cognac After Spanish Champagne ? Geographical Indications As Certification Marks, Daniel J. Gervais

Daniel J Gervais

The Protection of Geographical Names as Certification Marks in common law jurisdictions such as the United Kingdom and the United States is examined in light of the UK Spansih Champagne and other "Drinks" cases and similar cases in the United States dealing with the name "Cognac."