Abstract: The objective of this research paper is to look into the provision of TRIPS and Plain packaging thoroughly, with the intention of finding out whether Plain packaging violates the TRIPS provisions or not. After the Australian implementation of Law, there are several countries like UK, India, and Ireland etc. who wants to implement such similar legal provision to control the tobacco consumption. Plain packaging has far-reaching implications for trademark rights around the world. In light of these circumstances, it becomes imperative to look into the TRIPS obligations regarding trademarks and to find out whether in a zeal to decrease tobacco consumption, countries are violating the international intellectual property right regime. The study sphere and scope of this research paper will be mostly limited to the TRIPS and its relevant provisions. Several aspects of significant TRIPS provisions like Article XX, Article XVI etc. will be looked into to understand whether plain packaging is in consonance with it or not. Further, the research will look into the provisions of FCTC (Framework Convention of Tobacco Products) with limited references being made to the Paris Convention and VCLT (Vienna Convention on Law of Treaties) for interpreting the agreement. This research paper will not be dwelling into the efficiency of plain packaging, or morality issues regarding tobacco products.


Author: Karan Singh Chouhan is an Assistant Professor of Law at CMR University, Bangalore. The author may be contacted at karansingh.chouhan777@gmail.com.

The full text of the article can be found as a PDF here.

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