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30 June 2014Trademarks

IP rights groups reject Irish plain packaging bill

IP rights groups from across Europe have issued a joint statement rejecting the proposals by the Irish government to introduce plain packaging for tobacco products.

The proposed legislation requires that packaging for tobacco products has all  logos and trademarks removed and that brand names must be printed in a standardised font. Health warnings, however, will remain.

Parties to the statement include the European Community Trademarks Association and the Association of Trademarks and Design Rights Practitioners. It said that “registered trademarks and the ‘goodwill’ created by their long use on products, are rights of property which are to be treated like any other property”.

It concluded: “Plain packaging laws amount to an indirect legislative expropriation of these valuable property rights.”

The groups further warned that the proposals will set a precedent and “might be applied to alcoholic drinks and to other products considered unhealthy”. They also questioned the effectiveness of the Australian plain packaging law, which was introduced in 2012.

On June 11, WIPR reported that Irish health minister James Reilly passed plain packaging laws, following Australia, which so far is the only country to adopt them.

The plain packaging bill has to be passed by both houses of parliament before it becomes law.

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