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24 April 2017Trademarks

WIPR survey: IP sector fighting losing battle against plain packaging

The IP sector is fighting a losing battle against plain packaging, according to 93% of readers responding to a WIPR survey.

Last week, WIPR asked: “The UK Supreme Court refused to allow an appeal from the tobacco industry, in a final domestic decision on plain packaging. Is the IP sector fighting a losing battle against standardised packaging?”

Health policy will trump IP interests on the issue of tobacco plain packaging, according to one WIPR reader.

Another reader claimed that the tobacco industry, rather than the IP sector, was losing the battle.

Other respondents raised the idea of the growing awareness of health and efforts to discourage the use of dangerous products.

“This is excellent news. Public health considerations should always trump private profit considerations. Even if there is the slightest chance that plain packaging reduces rates of smoking and the inevitable resulting deaths, then it should absolutely be mandatory,” said another.

One reader explained that public health concerns do and should outweigh IP rights, while another added that IP rights do not have greater force than legislation designed to protect public health.

“Brands are an essential component of marketing so their use can legitimately be limited in cases where advertising and promotion is against the public interest,” they said.

One reader looked towards the long-term implications of plain packaging legislation.

“I would like to draw attention to one major counter-productive by-product of plain packaging: an increase in the trade in counterfeit tobacco products. I have yet to hear how this is dangerous issue is addressed by proponents of plain packaging,” they said.

The reader added that plain packaging constitutes a deprivation of trademark owners’ IP rights and violates several international agreements.

For this week’s question, we ask: “With World IP Day coming up on April 26, what is the biggest achievement that the IP industry should be broadcasting?"

Join us for a FREE webinar— Navigating the CRISPR IP landscape in Europe—on April 25th.

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12 April 2017   The UK Supreme Court refused to allow an appeal from the tobacco industry yesterday, in a final domestic decision on plain packaging.