Pachetele generice – un atentat la dreptul la marcă
Plain packaging – an attempt upon the trademark right

Summary/Abstract: The article presents a short point of view on the on the infringement of the intellectual property rights by the introduction of plain packaging of tobacco products. In the preliminary aspects, the article presents the dispositions of the framework Convention on Tobacco Control regarding tobacco advertising and promotion and also the elements of importance for the packaging of any product, including tobacco products. Regarding the infringement of the intellectual property rights by the introduction of plain packaging, are analyzed the main dispositions regarding this aspect from: TRIPS Agreement, The Paris Convention for the Protection of Industrial Property (1883) and the Directive 2014/40/UE that abolishes Directive 2001/31/CE of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products. In the end, the article summarizes the conclusions regarding the introduction of plain packaging of tobacco products.

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