Research On The Conflicts Between Public Health Maintenance And Trade Mark Right Protection Under The WTO Regime

As public health is a growing concern of people around the globe,however,the dangers of smoking have been challenged to maintain public health.In order to solve the harm of smoking,various countries have taken measures to cope resolve public health.Especially in Australia in order to reduce the high number of smokers in the country,to achieve the purpose of tobacco control,the Government adopted the “tobacco plain packaging bill”.This bill raises Scholars discuss on public health and the maintenance of trademark protection conflict.For the maintenance of public health and trademark protection,WTO has regulation but also has limitation.According to scholars discussion of this issue,this paper will research and analysis of public health and the maintenance of trademark protection violation under WTO to start from Australia tobacco plain packaging case.Faced with the high number of smokers in the country,China is bound to take measures stringent tobacco control to protect public health.It may lead to public health and the maintenance of trademark protection violation.That is why China should learn the experience and lessons learned from Australia plain packaging tobacco case.On the basis of compliance with treaty obligations,China should take appropriate measures.In addition to the introduction and conclusion,this article is divided into three chapters:first,I will summarize the basic situation of Australian tobacco plain packaging case,analysis of the case background,process and its Underlying Legal problem,identify the conflict of public health maintenance and protection of the trademark.Second,I will move forward a single step analysis of public health and trademarks,discuss the protection of public health and trademark rights under the relevant WTO agreements,analysis both of conflict,at the same time I will research and analysis related agreements system how to safeguard public health and trademark protection coordinated under the WTO,and analysis of coordination limitation.Third,I will lead to China potential public health and the maintenance of trademark protection,then,discuss and analysis of these issues,get some inspiration,propose strategies to deal with the problem.