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    20/03/2017 - French State Council rejects legal arguments against plain packaging of cigarettes - Richard Milchior

    Richard Milchior, partner, publishes a summary regarding the decision of the French State Council to reject a request by five tobacco companies and one tobacco confederation.

    The French "law of health system modernization"

    The tobacco companies and confederation requested to cancel two decrees and two orders implementing the French "law of health system modernization" which introduces legislation on plain cigarette packaging in december 2016, the French State Council rejected the request.

    A particularly concerning the use of a trademark

    This decision provides a particularly concerning interpretation of the scope and nature to use a trademark. Indeed, the plaintiffs based their demands on fundamental rights, including property rights, freedom of speech, and freedom of commerce and industry. The French State Council adjudicated the validity of contentious decrees and orders, when studied in relation to international trademark rules and international texts protecting fundamental rights, of European trademark regulation, and, finally, of French Intellectual Property Code and French Health Law Code.

    This article first appeared on the International Trademark Association (INTA) Buletin. To read the full article, please go to “French State Council rejects legal arguments against plain packaging of cigarettes”.

    Source : International Trademark Association


Richard Milchior