Appropriate Measure to Protect Public Health: A Case Study on Trademark and Tobacco Products

Abstract

The research objective is to study proper legal measures in order to protect health of the people by controlling tobacco or cigarette products while not infringing on the intellectual property protection of which is the main point in analyzing how to draft efficient and effective Tobacco Products Control Act. This is because the implementation of the WHO Framework Convention on Tobacco Control gives the obligation to Thailand to enact the law relates to tobacco packaging.

The research found that the plain or colorless packaging measure which is the result of interpretation and implementation of Australian Law strikes a proportionate balance between intellectual property law and trademark, particularly the way in which the legislation is drafted and is under the scope of law both in the context of a right establishment and a specific performance being under provided exception. Both international and domestic law highlighted the importance of public health which leads to apply of appropriate legal measures which proportionate with the effected right, specifically, a trademark. 

From the above-mentioned research findings, the author suggests that the Tobacco Products Control Act should be drafted under the principle of intellectual property law and trademark by providing the exception clause of trademark law. The amendment of the Tobacco Products Control Act shall be specified as an issuing of measures in order to protect health of the people under TRIPs agreement. Also, the Act should give a proper preparation period for tobacco and cigarettes companies due to its effect on entire products’ packaging.