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Trademark News Around the World – AUSTRALIA

Published on January 3, 2011 by in Trademark News

In July, we posted an article announcing the upcoming Australian ban on trademarks on tobacco products.  As you readers may recall, the ban will begin in July 2012.

For the last five years,  health warnings on tobacco products have been mandatory. The change that will occur starting in July 2012, will be that tobacco packages must be generic. That means no trademarks allowed on any tobacco product! All names of cigarettes will appear identical, in a standard font and size. Australia is doing this to reduce tobacco consumption. They say doing so will generate money that can be “plowed into the health system.” (NY Times.com)

The action was praised by the World Health Organization, which called the law “a new gold standard for the regulation of tobacco products.” Wake Forest IP Journal

Of course, not everyone is happy about these changes.  Tobacco companies, for one. They argue that the new rules will encourage counterfeiting, and will make it difficult for consumers to recognize brands they trust. We can expect tobacco companies to fight these measures, claiming their Intellectual Property rights are being “damaged.” (Of course, it is all in the name of saving lives. How can they complain?)

And the fighting has already begun. World tobacco giant British American Tobacco recently accused Australian importer Trojan, of trademark infringement when it’s Captain Black cigar packages were covered with ugly graphic photos of decaying lung tissue and the words “lung cancer” were stamped across the front of the picture.  (see picture above). But would YOU buy a product with such a clear and graphic warning? We think this strategy could work and effectively reduce smoking.

We applaud the government Australia on this remarkable and brave position.

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