TY - JOUR
AU - Chaudri, Abida
AB - Legal context. This article looks at the provisions of The Tobacco Advertising and Promotion (Brandsharing) Regulations 2004 implementing EU Directive 2003/33 to approximate the laws of EU Member States relating to indirect advertising and sponsorship of tobacco products through brandsharing.Key points. The Directive is the latest in a series of measures to control direct and indirect tobacco advertising. Its provisions and those of the implementing Regulations are widely drawn to prevent use of tobacco trade marks and other features indicating the origin of goods or services for non-tobacco products and vice versa if the effect of such use results in brandsharing. Purpose or intended effect is irrelevant—there is no requirement for ‘mens rea’. There are defences however but absent these, liability is assessed on the criminal rather than the civil standard. The Directive also impacts on the procedure of the Patent Office and its assessment of whether trade marks can be accepted for registration.Practical significance. There are practical consequences too as regards brand clearance and the extent to which identical and similar marks for tobacco/non-tobacco goods need to be included in clearance searches.
TI - Kicking butt? Tobacco Advertising and Promotion (Brandsharing) Regulations 2004
JF - Journal of Intellectual Property Law & Practice
DO - 10.1093/jiplp/jpl118
DA - 2006-09-02
UR - https://www.deepdyve.com/lp/oxford-university-press/kicking-butt-tobacco-advertising-and-promotion-brandsharing-0Nqx2Xpd3Z
SP - 660
EP - 663
VL - 1
IS - 10
DP - DeepDyve
ER -