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