Abstract

MARTINEZ-SALCEDO, Juan Carlos  and  VARGAS-CHAVES, Iván. IMPACTS TO TOBACCO BRANDS DUE TO GENERIC PACKAGING MEASURES. Vniversitas [online]. 2015, n.130, pp.235-272. ISSN 0041-9060.  https://doi.org/10.11144/Javeriana.vj130.amtm.

Brands are distinctive signs; their main purpose is to identify a product or a service in the market, which, in addition to any other functions that may be attributed to it, configures the intangible right exclusively given to its holder. The scope of brand protection has been limited by some States upon adopting certain restrictions to the ius utendi of brands related to tobacco products with the purpose of reducing their use, as recommended by the World Health Organization. Thus, we aim to address the legal implications of these measures and the possible impact on brand attributes as well as their lawfulness in view of the Agreement on Trade-Related Aspects of Intellectual Property Rights, TRIPS.

Keywords : intellectual property; brand; generic packaging; brand attributes; distinctiveness; proportionality principle.

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