WTO’s Panel Decision on Plain Packaging Tobacco: a New Direction to Developing Countries

Australia in 2011 introduced The Tobacco Plain Packaging Act 2011 [i](“the TPP Act”) to tackle the health problem related to tobacco industry. This act bans logos and distinctively-colored cigarette packaging in favor of drab olive packets, with brand names printed in small standardized fonts. In response, plain packaging policy in Australia has faced multiple challenges from a global, well-resourced industry but the Australian Court upheld the tobacco plain packaging legislation. After that, this matter came before WTO panel, where WTO judges had been tasked with delivering findings on whether plain packaging violates the TRIPS agreement or creates technical barriers to... Read More

Passing Off for Registered and Unregistered Trademarks

The Trademarks Act, 1999 (herinafter referred to as ‘the Act”) gives rights and protection in the form of remedies to not only registered but also unregistered trademarks.  Even though a registered trademark is given a statutory remedy under section 28 of the Act, but 27(2) of the Act also provides for remedy for an unauthorized use of an unregistered trademark. Passing off is common law tort which is most commonly used to protect goodwill that is attached to the unregistered trademarks. Passing off is basically when one person is passing off his goods or services as that of another person.... Read More