New Intellectual Property of Health

Edited by Alberto Alemanno, Jean Monnet Professor of EU Law and Risk Regulation, HEC Paris, France and New York University, School of Law, US and Enrico Bonadio, Professor of Intellectual Property Law, The City Law School, City St George’s, University of London, UK

'A welcome and timely contribution to the increasingly heated debate in the crucial area at the intersection between intellectual property and public health. A must read for practitioners as well as for scholars.'

• Contents:Introduction: Setting the SceneAlberto Alemanno and Enrico Bonadio PART 1: LEGAL AND POLICY ISSUES 1. Unpacking plain packaging and other standardization requirements in the light of behavioural sciencesAlberto Alemanno2. On the nature of trademark rights: does trademark registration confer positive or negative rights?Enrico Bonadio3. Trademarks, tobacco, health: brokerage by fundamental rights?Matthew J. Elsmore4. Trademarks in the pharmaceutical sector: the dynamic between brands, proprietary names and labelling regulationsJeremy Blum5. The interface between nutrition and health claims and EU trademark lawIgnacio Carreño and Eugenia Costanza LaurenzaPART II ADJUDICATING THE NEW INTELLECTUAL PROPERTY OF HEALTH6. Plain packaging of tobacco products and the WTO challengeMark Davison 7. Challenges in achieving public health objectives through product labelling regulation: reflections on Sri Lankan trademark and constitutional law Althaf Marsoof8. Tobacco packaging measures affecting intellectual property protection under international investment law: the claims against Uruguay and AustraliaAndrew D. Mitchell 9. Leveraging certification marks for public healthValentina VadiPART III REINVENTING THE INTELLECTUAL PROPERTY OF HEALTH 10. Leveraging Certification Marks for Public Health Margaret Chon with Maria Therese Fujiye11. Terroir and public health: can geographical indications of origin promote ‘healthy’ products? Irene Calboli12. Patents as a tool to encourage the production of healthier food Enrico BonadioIndex