Geographical Indications and Tobacco Control Measures: What about the Legitimate Interests of the Owners of Geographical Indications?

摘要

The decision of the WTO Panel in the Australia-Plain Packaging case as it relates to geographical indications (GIs) is consistent with the TRIPS Agreement. This article, however, contends that the decision exposes a lacuna in the TRIPS Agreement regarding the recognition of the legitimate interests of GI owners in using their GIs in the course of trade vis-a-vis the right of states to regulate the use of GIs.