Keywords
brand
generic packaging
brand attributes
distinctiveness
proportionality principle
How to Cite
Abstract
Brands are distinctive signs; their main purpose is to identify a product or a service in the market, which, in addition to any other functions that may be attributed to it, configures the intangible right exclusively given to its holder. The scope of brand protection has been limited by some States upon adopting certain restrictions to the ius utendi of brands related to tobacco products with the purpose of reducing their use, as recommended by the World Health Organization. Thus, we aim to address the legal implications of these measures and the possible impact on brand attributes as well as their lawfulness in view of the Agreement on Trade-Related Aspects of Intellectual Property Rights, TRIPS.This journal is registered under a Creative Commons Attribution 4.0 International Public License. Thus, this work may be reproduced, distributed, and publicly shared in digital format, as long as the names of the authors and Pontificia Universidad Javeriana are acknowledged. Others are allowed to quote, adapt, transform, auto-archive, republish, and create based on this material, for any purpose (even commercial ones), provided the authorship is duly acknowledged, a link to the original work is provided, and it is specified if changes have been made. Pontificia Universidad Javeriana does not hold the rights of published works and the authors are solely responsible for the contents of their works; they keep the moral, intellectual, privacy, and publicity rights.
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