International Intellectual Property Law and Policy

International Intellectual Property Law and Policy Order Description 1. The Government of Babylon – keen in protecting its citizens’ health - has adopted a new measure i.e. the plain packaging of tobacco products. This measure requires that all forms of tobacco branding should be labelled exclusively with simple unadorned text. This entails that trademarks, graphics and logos be detached from cigarette packs, except from the brand name that is displayed in a standard font (identical for all brands in the market). As a result, the packaging should be in a neutral colour and include only the content and consumer information (e.g. toxic constituents) as well as health warnings required by law. In essence, plain packaging aims at standardising the appearance of all cigarette and tobacco product boxes. The Government of Babylon believes that this innovative way of marketing tobacco products would make them look not only less attractive but also contribute to make health warnings and information more visible. The aim is to increase the effectiveness of health warnings and reduce misconceptions about the risks of smoking, thus reducing smoking uptake (especially amongst children and young people) and accordingly protecting human health. The State of Sudanistan produces tobacco and therefore strongly opposes this measure. The State of Arcadia also opposes this measure as it wants to protect its tobacco majors. Sudanistan and Arcadia take action before the WTO adjudicatory body and invoke the TRIPS Agreement provisions protecting trademarks (in particular Articles 17 and 20 TRIPS). They want the measure adopted by Babylon to be declared in violation of said provisions. The government of Babylon instead argues that the measure in question does not violate TRIPS: Articles 7 and 8 TRIPS – it stresses – fully allow countries to adopt measures (including the plain packaging of tobacco products chosen by Babylon) to protect public interests, such as the promotion of public health. Advise the governments of Sudanistan and Arcadia (the “Complainants”) on the chances of success in this WTO/TRIPS dispute.