Bascap presentation final

IP SUMMIT 2014BRUSSELS, BELGIUM

NIALL TIERNEYINTELLECTUAL PROPERTY ATTORNEY

BASCAP CONSULTANT ON PLAIN PACKAGING

BASCAP

Title

• Overview of ‘plain/standardised’ packaging laws – figurative/logo trademarks prohibited;

• Potential problem of non-use; defence; is a trade mark destroyed if it cannot be used?

• Enforcement issues – distinctive character/reputation;• PP laws – restriction on use v elimination/destruction of Intellectual Property;• Compliance with TRIPS and TBT agreements;• WTO disputes against Australia;

• Compliance with European Union law: TFEU and Charter of Fundamental Rights.

Title

• Interest of Public Health v Intellectual Property rights.• Public Health interests v potential increase in counterfeiting and burgeoning of

black market trade;• The Australian experience – is ‘plain/standardised’ packaging working?• Are smokers rights less than those of non smokers? – threat/danger of

counterfeit cigarettes;• Unintended consequences - will PP boost the illicit tobacco trade and line the

pockets of black marketers? • Where will proceeds of counterfeit trade end up?

• Human rights implications – right of retailers to earn a livelihood, freedom of expression, property rights.

Title

• Will ‘plain/standardised’ packaging spill over to other products?– Obesity – Confectionery/Fast Food products

– Alcohol – measures by countries such as Indonesia

• Statements by Governments to the effect that ‘plain/standardised’ packaging could be used for other products – Irish Health Minister James Reilly.

• Impact on illicit trade – will increase in revenue resulting from a growth of counterfeiting following ‘plain/standardised’ packaging fund the counterfeiting of other products, e.g. clothing, food products?

• Infant formula packaging?• Developments outside of the European Union – Turkey, South Africa, India

For more information please visit: www.iccwbo.org/bascap

Jeffrey Hardy William DobsonDirector Deputy [email protected] [email protected]+1 239 267 4488 +1 513 878 2630

Tracy Faustin Alexandra IliopoulouProject Manager Policy & Legal [email protected] [email protected] +33 1 49 53 28 27 + 32 489 97 01 43

THANK YOU !

Bascap presentation final

Law

Transcript of Bascap presentation final