The New Intellectual Property of Health


The New Intellectual Property of Health

Beyond Plain Packaging

9781784718787 Edward Elgar Publishing
Edited by Alberto Alemanno, Jean Monnet Professor of EU Law and Risk Regulation, HEC Paris, France and New York University, School of Law, US and Enrico Bonadio, Reader in Intellectual Property Law, City, University of London, UK
Publication Date: 2016 ISBN: 978 1 78471 878 7 Extent: 384 pp
This timely 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, namely tobacco, alcohol, food, and pharmaceuticals.

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This timely 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. This book discusses how to balance the legitimate interests of governments to promote human health and the protection and enforcement of IP rights. It also further explores how to amend IP regimes with a view to encouraging companies to produce and market healthier products.

Comprehensive and engaging, this book will provide innovative research angles to academics and students in the areas of both health and IP law. Its wealth of examples and analytic style will also prove insightful to legal professionals who advise on issues related to IP and public health as well as policy makers, governments and NGOs
Critical Acclaim
‘A welcome and timely contribution to the increasingly heated debate in the crucial area at the intersection between intellectual property and public health. A must read for practitioners as well as for scholars.’
– Marco Ricolfi, University of Turin, Italy

‘Enrico Bonadio and Alberto Alemanno have brought together a really stimulating and diverse collection of essays on the relationship between intellectual property and public health. The contributors deal effectively with a wide range of issues – from the conflict between trade mark rights and standardised packaging rules (for tobacco and for other products) to the potential manipulation of intellectual property systems to accommodate health goals.’
– Jonathan Griffiths, Queen Mary University of London, UK

‘This is an engaging and stimulating book which makes an important contribution to the debates concerning the role which intellectual property rights can make in promoting positive social policies.’
– European Intellectual Property Review
Contributors: A. Alemanno, J. Blum, E. BonadioI, I. Calboli, I. Carreño, M. Chon, M. Davison, M.J. Elsmore, M.T. Fujiye, E.C. Laurenza, A. Marsoof, A.D. Mitchell, V. Vadi


Introduction: Setting the Scene
Alberto Alemanno and Enrico Bonadio

1. Unpacking 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 J. Elsmore

4. Trademarks in the pharmaceutical sector: the dynamic between brands, proprietary names and labelling regulations
Jeremy Blum

5. The interface between nutrition and health claims and EU trademark law
Ignacio Carreño and Eugenia Costanza Laurenza

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 D. Mitchell

9. Leveraging certification marks for public health
Valentina Vadi

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


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