Revisiting TRIPS and Trademarks: The Case of Tobacco
Article from: TDM 5 (2012), in Legal Issues in Tobacco Control
Taking the seminal article, 'TRIPS and Trademarks: The Case of Tobacco' as his point of departure, McGrady canvasses the legal and factual developments that have occurred in the context of tobacco regulation since the article was written in 2004. With respect to the legal developments, McGrady considers recent World Trade Organization ('WTO') jurisprudence that sheds light on the compatibility of plain packaging regulation and WTO Members' legal obligations, particularly with respect to Article 20 of the Agreement on Trade-Related Intellectual Property Rights. ('TRIPS'). McGrady also ...