In Part I of this post, I had discussed the Panel’s findings on Article 22(b) of TRIPS in the Tobacco Plain Packaging case. In Part II, I will examine the second GI issue, on detriment to pre-existing rights in geographical indications. Article 24.3: Pre-Existing Rights in GIs Prior to the coming into force of TRIPS, different jurisdictions protected geographical indications in different ways. While in some jurisdictions GIs were protected under trademark law, others relied on common law doctrines to…

Recently, I had the opportunity to work on the Panel Report in the Tobacco Plain Packaging case at the WTO. It brought forth several interesting questions on the intersection between health, policy-making, trade and intellectual property rights. It also places TRIPS obligations relating to trademark and GIs under the scanner, with question marks raised over whether the interpretation given by the Panel supports a good faith interpretation of the treaty. While much has been written about the issues pertaining to…