A panel of trademark experts have written what is claimed to be the first full-length legal and policy analysis of the IP aspects of regulatory measures affecting the packaging of certain health-related goods. Talking to World Trademark Review, a co-author of the work says that the tobacco industry’s fight against plain packaging is on the verge of defeat, and that IP associations must rethink their lobbying approach against similar measures.

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RE: Trademark associations should take ‘less dogmatic approach’ to plain packaging, expert urges

Looking at the Alemanno and Bonadio study from the perspective of trademarks, I have yet to be convinced that IP is inimical to the public good. On the contrary, trademarks serve not only a very important ‘indicator of origin’ function, but they also guarantee the quality of goods and services under which they are provided. This has been judicially affirmed on numerous occasions and bears out the important ‘consumer protection’ role of trademarks. Mandating the removal of trademarks actually does more harm than good and may ultimately have the unintended consequence of jeopardising, rather than enhancing, the public good.

Niall Tierney, on 07 Oct 2016 @ 20:05

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