The decision of the WTO panel in the Australia – Plain Packaging case as it relates to geographical indications (GIs) is consistent with the TRIPS Agreement. This article however contends that the decision exposes a lacuna in the TRIPS Agreement regarding the recognition of the legitimate interests of GI owners in using their GIs in the course of trade vis-à-vis the right of states to regulate the use of GIs.
|Journal||European Intellectual Property Review|
|Publication status||Published - 1 Jul 2021|
- geographical indications
- tobacco products