Geographical indications and tobacco control measures: What about the legitimate interests of the owners of geographical indications?

Research output: Contribution to journalArticlepeer-review

Abstract

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.
Original languageEnglish
Pages (from-to)440-446
JournalEuropean Intellectual Property Review
Volume43
Issue number7
Publication statusPublished - 1 Jul 2021

Keywords

  • Australia
  • geographical indications
  • packaging
  • tobacco products
  • TRIPS

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