International trade law, plain packaging and tobacco industry political activity

the Trans-Pacific Partnership

Gary Fooks, Anna B. Gilmore

Research output: Contribution to journalArticle

30 Citations (Scopus)

Abstract

Tobacco companies are increasingly turning to trade and investment agreements to challenge measures aimed at reducing tobacco use. This study examines their efforts to influence the Trans-Pacific Partnership (TPP), a major trade and investment agreement which may eventually cover 40% of the world's population; focusing on how these efforts might enhance the industry's power to challenge the introduction of plain packaging. Specifically, the paper discusses the implications for public health regulation of Philip Morris International's interest in using the TPP to: shape the bureaucratic structures and decision-making processes of business regulation at the national level; introduce a higher standard of protection for trademarks than is currently provided under the Agreement on Trade Related Aspects of Intellectual Property Rights; and expand the coverage of Investor-State Dispute Settlement which empowers corporations to litigate directly against governments where they are deemed to be in breach of investment agreements. The large number of countries involved in the TPP underlines its risk to the development of tobacco regulation globally. Tobacco companies are increasingly turning to trade and investment agreements to challenge measures aimed at reducing tobacco use. This study examines their efforts to influence the Trans-Pacific Partnership (TPP), a major trade and investment agreement which may eventually cover 40% of the world's population; focusing on how these efforts might enhance the industry's power to challenge the introduction of plain packaging. Specifically, the paper discusses the implications for public health regulation of Philip Morris International's interest in using the TPP to: shape the bureaucratic structures and decision-making processes of business regulation at the national level; introduce a higher standard of protection for trademarks than is currently provided under the Agreement on Trade Related Aspects of Intellectual Property Rights; and expand the coverage of Investor-State Dispute Settlement which empowers corporations to litigate directly against governments where they are deemed to be in breach of investment agreements. The large number of countries involved in the TPP underlines its risk to the development of tobacco regulation globally.
Original languageEnglish
Article numbere1
JournalTobacco Control
Volume23
Issue number1
Early online date20 Jun 2013
DOIs
Publication statusPublished - Jan 2014

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trade law
Tobacco Industry
political activity
Product Packaging
Politics
world trade
international law
nicotine
regulation
Tobacco
industry
Intellectual Property
Dissent and Disputes
trademark
Patents
Ownership
world population
Tobacco Use
intellectual property
right of ownership

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International trade law, plain packaging and tobacco industry political activity : the Trans-Pacific Partnership. / Fooks, Gary; Gilmore, Anna B.

In: Tobacco Control, Vol. 23, No. 1, e1, 01.2014.

Research output: Contribution to journalArticle

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