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Plain packaging – Plainly unfair?

22 Jul 2014 - , 00:00

This seminar will cover:

  • Section 7 of the Irish Trade Marks Act, 1996:  A registered trade mark is a property right.
  • Articles 40.1 (principle of equality) 40.3.1, 40.3.2 (personal right to property) 43.1.1 (recognition of private ownership of goods), 45.3.2 (State’s obligation to protect private enterprise and to ensure efficiency in the production and distribution of goods) of the 1937 Irish Constitution.
  • Ireland obligations under EU and International law to protect IP.
  • When and how is the law entitled to enforce morality in commercial contexts?
  • What is meant by a corporation’s freedom of expression or inalienable intellectual property rights and by the common good or the general interest?
  • How has the relevant human rights law evolved, from Magna Carta to the European Convention & Article 17 of the European Union Charter of Fundamental Rights?
  • Section 9 of the Trade Marks Act, 1994: A registered trade mark being personal property.
  • Article 16 CTMR: Community trade marks as objects of property.
  • Article 1.2 CTMR: Use of a CTM cannot be prohibited save in respect of the whole of the European Union (formerly the European Community).
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