Full Description
This timely book provides the first legal and policy analysis of the intellectual property (IP) aspects of a rapidly-growing category of regulatory measures affecting the presentation and advertising of certain health-related goods. The key goods examined are tobacco, alcohol, food, and pharmaceuticals.Chapters focusing on both distinct policy areas and specific country examples serve to unearth the inherent tension emerging between these new measures as well as other categories of public health measures and IP regimes. This book discusses how to balance the legitimate interests of governments to promote human health and the protection and enforcement of IP rights. It also further explores how to amend IP regimes with a view to encouraging companies to produce and market healthier products.
Comprehensive and engaging, this book will provide innovative research angles to academics and students in the areas of both health and IP law. Its wealth of examples and analytic style will also prove insightful to legal professionals who advise on issues related to IP and public health as well as policy makers, governments and NGOs.
Contributors include: A. Alemanno, J. Blum, E. BonadioI, I. Calboli, I. Carreno, M. Chon, M. Davison, M. Elsmore, M.T. Fujiye, E. Laurenza, A. Marsoof, A. Mitchell, V. Vadi
Contents
Contents:
Introduction: Setting the Scene
Alberto Alemanno and Enrico Bonadio
PART 1: LEGAL AND POLICY ISSUES
1. Unpacking plain packaging and other standardization requirements in the light of behavioural sciences
Alberto Alemanno
2. On the nature of trademark rights: does trademark registration confer positive or negative rights?
Enrico Bonadio
3. Trademarks, tobacco, health: brokerage by fundamental rights?
Matthew J. Elsmore
4. Trademarks in the pharmaceutical sector: the dynamic between brands, proprietary names and labelling regulations
Jeremy Blum
5. The interface between nutrition and health claims and EU trademark law
Ignacio Carreño and Eugenia Costanza Laurenza
PART II ADJUDICATING THE NEW INTELLECTUAL PROPERTY OF HEALTH
6. Plain packaging of tobacco products and the WTO challenge
Mark Davison
7. Challenges in achieving public health objectives through product labelling regulation: reflections on Sri Lankan trademark and constitutional law
Althaf Marsoof
8. Tobacco packaging measures affecting intellectual property protection under international investment law: the claims against Uruguay and Australia
Andrew D. Mitchell
9. Leveraging certification marks for public health
Valentina Vadi
PART III REINVENTING THE INTELLECTUAL PROPERTY OF HEALTH
10. Leveraging Certification Marks for Public Health
Margaret Chon with Maria Therese Fujiye
11. Terroir and public health: can geographical indications of origin promote 'healthy' products?
Irene Calboli
12. Patents as a tool to encourage the production of healthier food
Enrico Bonadio
Index
