Research
2011
Time to Quit? Assessing International Investment Claims Against Plain
Tobacco Packaging in Australia
Tania S. Voon
Melbourne Law School
and Andrew D. Mitchell
Melbourne Law School; Georgetown University Law Center
Regulating Tobacco
Flavours: Implications of WTO Law
Andrew Mitchell and Tania Voon
Boston University International Law Journal, Vol. 29, 383
'Implications of international
investment law for tobacco flavouring regulation'
T. Voon and A. Mitchell,
Journal of World Investment & Trade, Vol 12, No. 1, 65-80.
Do You Mind My Smoking? Plain
Packaging of Cigarettes Under the TRIPS Agreement
Alberto Alemanno and Enrico Bonadio
John Marshall Review of Intellectual Property Law, Vol. 10, No. 3, 2011
The Trans-Pacific Partnership Agreement: challenges for
Australian health and medicine policies
Thomas A Faunce and Ruth Townsend
MJA • Volume 194 Number 2 • 17 January 2011
2010
Australia's Move to the Plain Packaging of Cigarettes and its WTO
Compatibility
Andrew D. Mitchell
Asian Journal of WTO and International Health Law and Policy, Vol. 5,
No. 2, 2010
The Case of Plain Packaging for
Cigarettes - an Overview
Alberto Alemanno and Enrico Bonadio
European Journal of Risk Regulation, p. 268, March 2010
Philip Morris versus Uruguay: health
governance challenged
Raphael Lencucha
The Lancet Vol 376 September 11, 2010
Implications of the World Trade
Organization in Combating Non-Communicable Diseases
Andrew D. Mitchell and Tania S. Voon
University of Melbourne Legal Studies Research Paper No. 485
"The
Development Aspects of Trade and Health"
Andrew D. MItchell
Law and Development Institute Inaugural Conference.
*
Philip Morris vs. Uruguay An Analysis of Tobacco Control
Measures in the Context of International Investment Law
Todd Weiler, August 2010.
2009
Trade and Health 2: Bridging
the divide: global governance of trade and health
Kelley Lee, Devi Sridhar, Mayur Patel
Lancet 2009; 373: 416–22
Trade and Health 1 Managing the
pursuit of health and wealth: the key challenges
David P Fidler, Nick Drager, Kelley Lee
Lancet 2009; 373: 325–31
Packaging phoney intellectual property claims. How multinational tobacco
companies colluded to use trade and intellectual property arguments they
knew were phoney to oppose plain packaging and larger health warnings.
Physicians for a Smoke-Free Canada
revised June 2009
2008
Exploring a Modest Balance for Trade in Tobacco, Anti-Tobacco Smuggling
and Health Concerns in Light of the Dominican Republic-Cigarettes Case
Tsai-Yu Lin
Asian Journal of WTO & International Health Law and Policy, Vol. 3, pp.
308-340, 2008
Addressing the Issue of
Trade in Services and Public Health in the Case of Tobacco: Are the FCTC
Restrictions on Tobacco Advertising Inconsistent with the GATS?
Tsai-Yu Lin
The Journal of World Investment & Trade, Vol. 7 No. 4, pp. 545-561, 2008
The meaning of
'necessary' in GATT Article XX and GATS Article XIV: the myth of
cost/benefit balancing.
Donald Regan
World Trade Review, Nov2007, Vol. 6 Issue 3, p347-369, 23p
2006
International trade
agreements challenge tobacco and alcohol control policies
Donald Zeigler
Trademark Registration Is Not a
Right
William Kingston
Journal of Macromarketing (June 2006), 26 (1), pg. 17-26
2005
Global Trade and Public Health.
Shaffer, Ellen R; Waitzkin, Howard; Brenner, Joseph; Jasso-Aguilar,
Rebeca. American Journal of Public Health, Jan2005, Vol. 95 Issue 1,
p23-34,
2004
Health risks of including alcohol and tobacco in PICTA free
trade
Linda Hill
TRIPs and
trademarks: the case of tobacco.
McGrady, Benn.
World Trade Review, Mar2004, Vol. 3 Issue 1, p53-82, 30p
2003
International Trade Agreements and Tobacco Control: Threats to Public
Health and the Case for Excluding Tobacco from Trade Agreements by
Robert Weissman (November 2003)
2002
WTO
agreements and Public Health – a joint study by the WHO and the
WTO secretariat
World Health Organization and World Trade organization.
Treating Cigarettes as an
Exception to the Trade Rules
Shapiro, Ira S.,
SAIS Review, Volume 22, Number 1, Winter-Spring 2002, pp. 87-96
(Article)
2001
An introduction to International Trade Agreements and their
impact on Public Measures to Reduce Tobacco Use
Physicians for a Smoke-Free Canada and the Commonwealth Medical
Association
2000
1999
The
Danger of International Investment Agreements for Tobacco
Control In Canada
Physicians for a Smoke-Free Canada
1998
The
impact of the Multilateral Agreement on Investment on Tobacco
Control Initiatives.
Appleton and Associates
1998
Ruling by
Lithuanian Constitutional Court on Intellectual Property rights and
advertising restrictions.
1990
Thailand - Restrictions on Importation of and Internal Taxes on
Cigarettes, a GATT decision - November 7, 1990
|
|
Industry positions
2010
Governing in ignorance:
Australian governments legislating, without understanding,
intellectual property
Tim Wilson
May 2010
Analysis of the Compatibility of
certain Tobacco Product Packaging Rules with the TRIPS Agreement and the
Paris Convention
Daniel Gervais, 2010
2009
Global push for 'plain packaging' on consumer products will burn
intellectual property rights.
Tracy-Gene G. Durkin and Jeremy M. Klass
Washington Legal Foundation
INTA submission to Australia National Preventative Health Taskforce,
published 2009
economiesuisse (Swiss Business Federation) position paper, November 2009
Lalive: Why Plain Packaging is in violation of WTO Members'
International Obligations under TRIPS and the Paris Convention
July 2009
2008
The Law Society Of New South Wales submission to Australia NPHT
consultation, December, 2008.
2000
Claims by industry that tobacco laws contravene intellectual
property laws:
Confederation of European Community Cigarette Manufacturers
response to EU proposal for new directive
BAT Position that FCTC ban on lights could infringe IP laws.
JTI position that FCTC ban on descriptors would infringe IP
laws
Tobacco Institute of Hong Kong
1999
Claims by industry that tobacco laws contravene intellectual
property laws:
1998
Book on plain
packaging commissioned by industry and edited by John Luik with
chapter by Julius Katz and Richard Dearden on international trade
treaties.
1994
Opinion by
Julius Katz and Carla Hills on Plain Packaging.
May 1994
(see WIPO
dismissal of this argument)
1993
Proposed MCDS
State Regulations on Intellectual Property Pertaining to Tobacco
Packaging
Michael Pendleton
1993
(see U.K. British Consulate
dismissal of
this opinion)
|
|
Treaty Development
Trans Pacific Partnership Agreement
Submissions to US Gov't
Philip Morris Submission
Center for
Policy Analysis on Trade and Health. Jan 2010
Center for Tobacco Free Kids January 2010.
|
