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46 Vand. J. Transnat'l L. 1149 (2013)
Plain Packaging and the Interpretation of the TRIPS Agreement

handle is hein.journals/vantl46 and id is 1199 raw text is: VANDERBILT JOURNAL of TRANSNATIONAL LAW VOLUME 46 NOVEMBER 2013 Packaging Interpretation Agreement and of the the TRIPS Susy Frankel* Daniel Gervais* ABSTRACT Plain packaging of cigarettes as a way of reducing tobacco consumption and its related health costs and effects raises a number of international trade law issues. The plain packaging measures adopted in Australia impose strict format requirements on word trademarks (such as Marlboro or Camel) and ban the use of figurative marks (colors, logos, etc.). As a result, questions have been raised as to plain packaging's compatibility with the World Trade Organization's (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement).. WTO members can validly take measures to protect and promote public health, but in doing so they must comply with the WTO agreements. In order to determine compliance, a proper method to interpret applicable WTO rules is indispensable for the stability and predictability of the world * Professor of Law, Victoria University of Wellington. Thanks to Thomas McKenzie and Michelle Limenta for research assistance. The authors also thank Mark Bennett and Rochelle Dreyfuss for their generous comments on earlier versions of this Article. * Professor of Law, Vanderbilt Law School. 1149 NUMBER 5 Plain

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