2020 · Doha Declaration on TRIPS and Public Health · Intellectual Property · International Intellectual Property Law · IP Policy · TRIPS Agreement · Uncategorized

The Legal Status of the Doha Declaration on TRIPS and Public Health

In this post, the last of a series on the recent decision of the WTO’s Appellate Body in the Australia – Plain Packaging case, I want to focus on how both the panel and the Appellate Body approached the issue of the legal status of the Doha Declaration on the TRIPS Agreement and Public Health of 2001. … Continue reading The Legal Status of the Doha Declaration on TRIPS and Public Health

2020 · Australia · Intellectual Property · International Trademark Law · IP Policy · Tobacco Plain Packaging · TRIPS Agreement

Is it Necessary to Consider Alternative Measures under Article 20 of the TRIPS Agreement?

This week, I continue with my analysis of the Appellate Body’s decision on the trademark issues in the Australia – Plain Packaging case. (For previous posts in this regard, see here and here). In this post, the focus will be on whether it is necessary to consider alternative measures when deciding whether an encumbrance is justifiable pursuant… Continue reading Is it Necessary to Consider Alternative Measures under Article 20 of the TRIPS Agreement?

2020 · Intellectual Property · International Trademark Law · IP Policy · Tobacco Plain Packaging · Trademark · Uncategorized

Does Article 20 of TRIPS require a Rigid & Exact Set of Factors to Determine Whether an Encumbrance is Unjustifiable?

Last week, I blogged about the recent decision of the WTO’s Appellate Body that upheld Australia’s  tobacco plain packaging measures. While the Appellate Body largely agreed with the earlier interpretation of both Articles 16(1) and 20 of the TRIPS Agreement by a dispute settlement panel (hereinafter, panel), there are some notable differences in the way… Continue reading Does Article 20 of TRIPS require a Rigid & Exact Set of Factors to Determine Whether an Encumbrance is Unjustifiable?

2020 · International Trademark Law · IP Policy · Tobacco Plain Packaging · Trademark · Uncategorized

NEWSFLASH: WTO’S Appellate Body Upholds Australia’s Tobacco Plain Packaging Measures

This is a quick update regarding the Australia – Plain Packaging case. I have commented on the earlier decision of the WTO’s dispute settlement panel in a short piece available here. In its report, the panel upheld Australia’s tobacco plain packaging measures (TPP measures) as compatible with the TRIPS Agreement. However, two of the complainants… Continue reading NEWSFLASH: WTO’S Appellate Body Upholds Australia’s Tobacco Plain Packaging Measures

2020 · Freedom of Expression · Human Rights · Intellectual Property · Trademark Law · Trademarks

‘Immoral’ Trademarks and Freedom of Expression: The EU and the USA Compared

There is a prohibition on the registration of ‘trade marks which are contrary to public policy or to accepted principles of morality’ in the European Union (see Article 7(1)(f) of the Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark). Until as recently… Continue reading ‘Immoral’ Trademarks and Freedom of Expression: The EU and the USA Compared

2020 · Human Rights · Intellectual Property · IP Policy

Territoriality, Tobacco, Trademarks, and the TRIPS Agreement

Towards the end of last year, I was invited by the editorial board of the National Law School of India Review (NLSIR) to make a contribution to NLSIR Online. I chose to write a short piece on the 2018 decision of the WTO Panel in the Australian Plain Packaging case and its implications for the principle… Continue reading Territoriality, Tobacco, Trademarks, and the TRIPS Agreement

2019 · Human Rights · Intellectual Property · IP Policy

The Harmonization of IP Law in Africa: A Human Rights Perspective

There is a trend towards legal harmonization in Africa. Or so it seems. Only time will tell how the current events and developments will eventually play out. This trend towards harmonization is quite noticeable in the field of intellectual property law. In recent years, there have been two key initiatives aimed at the harmonization of… Continue reading The Harmonization of IP Law in Africa: A Human Rights Perspective

Human Rights · Intellectual Property · IP Policy

South Africa’s New IP Policy: A Human Rights Perspective

As you may already be aware, South Africa’s Department of Trade and Industry has recently published the ‘Intellectual Property Policy of the Republic of South Africa Phase 1 2018‘ i.e. a new IP policy document. I believe that this document will be subject to critical analysis by other commentators in the coming weeks/months. In this… Continue reading South Africa’s New IP Policy: A Human Rights Perspective

Intellectual Property

Article 10 of the Berne Convention and the Three Step Test (Part 5)

In my last post, I examined the interface between Article 10(1) of the Berne Convention and the Three Step Test. In this post, the last in this series, I will examine the interface between Article 10(2) of the Berne Convention and the Three Step Test. In this regard, I will be drawing on a forthcoming… Continue reading Article 10 of the Berne Convention and the Three Step Test (Part 5)