The new intellectual property of health :
The new intellectual property of health : beyond plain packaging /
edited by Alberto Alemanno, Jean Monnet Professor of EU Law and Risk Regulation, HEC Paris, France and New York University School of Law, New York, USA and Enrico Bonadio, Senior Lecturer in Intellectual Proper Law, City University, London, UK.
- xiv, 357 pages : illustrations ; 24 cm
Includes bibliographical references and index.
Introduction: setting the scene / Alberto Alemanno and Enrico Bonadio --
Part 1: legal and policy issues --
1. Unpack the pack: plain packaging and other standardization requirements in the light of behavioural sciences / Alberto Alemanno --
2. On the nature of trademark rights: does trademark registration confer positive or negative rights? / Enrico Bonadio --
3. Trademarks, tobacco, health --
brokerage by fundamental rights? / Matthew Elsmore --
4. Trademarks in the pharmaceutical sector: the dynamic between brands, proprietary names and labelling regulation / Jeremy Blum --
5. The interface between nutrition and health claims and EU trademark law / Ignacio Carreño and Eugenia Costanza Laurenza --
Part II adjudicating the new intellectual property of health --
6. Plain packaging of tobacco products and the WTO challenge / Mark Davison --
7. Challenges in achieving public health objectives through product labelling regulation: reflections on Sri Lankan trademark and constitutional law / Althaf Marsoof --
8. Tobacco packaging measures affecting intellectual property protection under international investment law: the claims against Uruguay and Australia / Andrew Mitchell --
9. Investment disputes, pharmaceutical patents and health-related goods / Valentina Vadi --
Part III reinventing the intellectual property of health --
10. Leveraging certification marks for public health / Margaret Chon With Maria Therese Fujiye --
11. Terroir and public health: can geographical indications of origin promote 'healthy' products? / Irene Calboli --
12. Patents as a tool to encourage the production of healthier food / Enrico Bonadio.
This book provides the first legal and policy analysis of the intellectual property (IP) aspects of a rapidly-growing category of regulatory measures affecting the presentation and advertising of certain health-related goods. The key goods examined are tobacco, alcohol, food, and pharmaceuticals. Chapters focusing on both distinct policy areas and specific country examples serve to unearth the inherent tension emerging between these new measures as well as other categories of public health measures and IP regimes.
9781784718787 (hbk.)
2016938600
Public health--International cooperation.
Intellectual property--International cooperation.
Foreign trade regulation--Health aspects.
Right to health.
346.048 NEW / 009938
Includes bibliographical references and index.
Introduction: setting the scene / Alberto Alemanno and Enrico Bonadio --
Part 1: legal and policy issues --
1. Unpack the pack: plain packaging and other standardization requirements in the light of behavioural sciences / Alberto Alemanno --
2. On the nature of trademark rights: does trademark registration confer positive or negative rights? / Enrico Bonadio --
3. Trademarks, tobacco, health --
brokerage by fundamental rights? / Matthew Elsmore --
4. Trademarks in the pharmaceutical sector: the dynamic between brands, proprietary names and labelling regulation / Jeremy Blum --
5. The interface between nutrition and health claims and EU trademark law / Ignacio Carreño and Eugenia Costanza Laurenza --
Part II adjudicating the new intellectual property of health --
6. Plain packaging of tobacco products and the WTO challenge / Mark Davison --
7. Challenges in achieving public health objectives through product labelling regulation: reflections on Sri Lankan trademark and constitutional law / Althaf Marsoof --
8. Tobacco packaging measures affecting intellectual property protection under international investment law: the claims against Uruguay and Australia / Andrew Mitchell --
9. Investment disputes, pharmaceutical patents and health-related goods / Valentina Vadi --
Part III reinventing the intellectual property of health --
10. Leveraging certification marks for public health / Margaret Chon With Maria Therese Fujiye --
11. Terroir and public health: can geographical indications of origin promote 'healthy' products? / Irene Calboli --
12. Patents as a tool to encourage the production of healthier food / Enrico Bonadio.
This book provides the first legal and policy analysis of the intellectual property (IP) aspects of a rapidly-growing category of regulatory measures affecting the presentation and advertising of certain health-related goods. The key goods examined are tobacco, alcohol, food, and pharmaceuticals. Chapters focusing on both distinct policy areas and specific country examples serve to unearth the inherent tension emerging between these new measures as well as other categories of public health measures and IP regimes.
9781784718787 (hbk.)
2016938600
Public health--International cooperation.
Intellectual property--International cooperation.
Foreign trade regulation--Health aspects.
Right to health.
346.048 NEW / 009938