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Trips Agreement Article 20

Subscribe to this more paid journal for other ongoing articles on the subject Another argument has been made with regard to Article 20 of TRIPS, which provides that the use of a trademark in the course of activity “shall not be unjustified by special requirements such as . Use in a particular form or use in a manner that impairs its ability to distinguish the goods or services of one enterprise from those of other enterprises.┬áThe importance of this provision has been a key element of the WTO dispute between Australia and Plain Packaging (panel report; Appellate Body Report). In addition, Article 20 applies only to “special requirements”. Intellectual property protection is a common issue in many legal challenges against WHO`s FCTC measures. Many of these challenges will relate to the Agreement on Trade-Related Aspects of Intellectual Property Rights (or “TRIPS”), a WTO agreement that establishes minimum standards of intellectual property protection that WTO member states wish to transpose into national legislation. Among the examples of legal issues raised by TRIPS, the panel considers that it was necessary to address the “exceptionally serious” effects of tobacco consumption and exposure to tobacco smoke, including the prohibition and regulation of the appearance of trademarks, to provide sufficient support for the constraints imposed by simple packaging.

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Datum: Tuesday, 12. October 2021 15:10
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