Bans and Restrictions on the Use of Trade Marks and Consumers' Health

摘要

This article analyses to what extent the use of brands on packaging in the field of tobacco, alcohol and food can be prohibited or restricted by governments to protect consumers' health. After introducing the most important packaging-related measures adopted or proposed in the industries in question and highlighting the differences between the concepts of "registration " and "use " of brands, this article will make the point that the TRIPS Agreement and the Paris Convention do not offer trade mark owners a positive right to use brands, but just a negative right (i.e. the right to prevent third parties from exploiting the sign), which makes the measures analysed in the article lawful and compliant with those international treaties. In light of the evidence gathered thus far, the measures in question seem also to be capable of meeting the desired target, namely consumers' health.