Research On The Introduction Of Tobacco Plain Packaging Legal System To China

The system of Tobacco Plain Packaging, as an effective control measure that can reduce the tobacco expense, aims to protect public health and curb the costs of public-health issue caused by smoking. The system only allows a trademark on tobacco packaging to the provisions of the font in the specified brand name printed on the packaging area, in addition to the packaging of tobacco products must not include any other trademark logo, text and other marketing information, take a neutral tobacco packaging colors, and health warnings must occupy most of the proportion of information tobacco packaging. The system was advocated in WHO Framework Convention on Tobacco Control:guidelines for implementation Article 11 by WHO, and was constituted in Australian Tobacco Control legislation. As a new legal system, tobacco plain packaging is faced with following problems at present:how to resolve the collision relation between the right of public health with trademark; whether the tobacco plain packaging system violate the TRIPS Agreement Article 2.1,2.2,15.4 and Article 20, and is it also violate Article2.1 and 2.2 in TBT Agreement. This paper draws following conclusions:the tobacco plain packaging system that limits the right of trademark to protect public health is reasonable and rightful; the tobacco plain packaging system does not violate the TRIPS Agreement Article 2.1,2.2,15.4 and Article 20, and it is not violate Article2.1 and 2.2 in TBT Agreement. This thesis also analyzes the dilemma of our country in tobacco control, and finally get a conclusion:our country is unsuited for the tobacco plain packaging system in the absence of sufficient condition although the superiority it has. We can use the use the practicable experience of other countries for reference, and from this point, the author makes recommendation to the legislative perfection of tobacco law.