E4'PU4M4FrM-1 h%t-%MAWT.NW4
11.2. in an attempt to circumvent the restrictions
lieposed on direct
advertising and to create or strengthen brand
Image@. the tobacco
Indt4stry his tarned to Indirect advertising, for
exampie, ohowing gm
West, Marlboro elothes, Canal boats. Barclay
matches Me. It Is
certainly riot by oftnap that the budget for the
advertising of these
products Is disproportionate In relation with the
Importance of the
relative market.
$tUdles of ildvartlelng have shown that the groat
majority of young
poop(& too "brand-strotchingg advertising of this
type go advertising
for the associated tobacoo products. YOUP4
consUsers do not See %he
difference. Looking at thinds from a normal point
of view, pt Is clults
obvious that. given the very high level of
recognition of the tobacco
brands, this kind of advertising, ostensibly for
somethina else
entirely, Is In fact perceived to being for the
tobacco products, and
by Its noture constItutes pressure to owisume the
tobacco. and not the
other, products.0)
?hle proposal Dam see lately Indirect advertising.
Such it ban of
Indirect Is a necessary condition In order to
ensure the effective
loplemantatIon of the general ban rule. As t .
-attar of fact. the ban of
.Indirect advertlslr4 In a oml~tary requirement to
Curantoo the
diatorsion-fres Irs.ismentrAtIon of any miss do
not provide for I total
ban. In this rasp* ct. It should be rnlnded that
the previous proposals
an the advertising of tobacco products adopted by
the Commission in
spits of the fact *that they were not based an a
ban. provided also for -
the ban of any fors of Indirect advertising.
More recently. the tobacco Industry has started to
develop a different
typs of advertising camaign to attract y94N
people. This tak" the
form of uIP4 a product which to alre&cW vol I
establ lobed an the suket-
wid wh I ch to we I t known twng yumv poop I a to
I aunch la new tobacoo
product an"r the some brand none. Recently. the
else of utf I lostion
of some very popular slathos vwC youngsters In om.
Ilefter State has
been largely reported In the ore".
This has the effect of Implanting the existing
pr;'40t~s Positive image
and advertising onstage on the now product 'to
achieve maximugi
Derefloical"I affect on Young 0"010-
This now approach too must be banned If It to not
to circumvent the ban
an advertising f9r tobacco products. What Is more.
by exploiting a
positive Imago created with a different product,
this practice could
distort aMotition conditions between tobacco
products or prompt
a M sting brands to resort to similar practlese In
a bid to circumvent
Vis ban.
Those provision* do not prevent the
div#ralflostion of the Industry.
Indeed, usually the diversification of the
Industry towardil other
sectors of activity Is made using other brand
naiae* and It rarely
occurs that the brand whose reputation Is PAInly
associated with a
tobacco Droduct. to also used In other fields of
activity. so. title ban
concerns only advertising wh(cA to sad* through
other products but
which also at promoting a tobacco product. because
the brand and the
other distinctive signs are primarily associated
with tobacco. Kowever,
the ban does not cvncern the cases of brtnds
associated with different
products (naluding tobacco. products but.whoss
reputation Is not mainly
duo or amcliltsd with tobacto products. Besides.
when in Industry
abandons trio proctuction of tobacco. It can
freely use Its brands for C>
ths karan brand was N)
N.)
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BAT Industries document for Province of British
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Finally, it should &Igo be reminded that
limitations brovIded for by
the prOP0391 Of VIr$CtIV4 OWPIY With the Part*
Convention (StOtiftla-
14 July lor
,Zi)tho council Directive relating to trade Barks
Ca/104/91c) as well as the Precedent* of the above
mentioned
Directive so/552/910 concerning television
broadcasting. All those
legal instrutonts Jay dmm restrictions an the
exercise of trade marks
such as unfair constition, civil liability and
oanowaor protAction.
Directive 94/144/19C In Its article 3 paragraph I
provides that Member
States can oven refuse registration or cancel
validity of an existing
trade Sark an the basis of a loolsistlon other
than the an* on trade
Sark.
On the eantrary. and without prejudlao of tho
provisions of the
Directive 80/662/UC an the tolsvielon broad-639t.
particularly the
provisions of Art 13 and 17 par I thereof. the
present vroiceal does
not affect the right for the Industry to. swear
-sportive, stitaral or
other events. The Incustry say not however take
advantage of thate
events to advertise tobacco products throggh
advartleir4 means and
products using brands, emblems or other
dlstlnotlVe sips &8*0411ted
with tobacto pfoftcto. To this offeCt. It le
appropriate to mgks the
distinction between presentation of InforsAtIon
And a4vertlelng.
Aavertlaing mado In order to Rubl IoI:o the
Sponsoring of an event which
uses such dlatinatlve signs falls within the 6OW
of the ban.
ftwever. the prosentat Ion to the pot Ic on behalf
of th# Industry of an
Information of an event. sponsored by It. pan.
When It I* totally
deprived of any *MIMS or distinctive sign*
associating Such S
presentation to a 'tobacco brand. not to 116
Concerned by the ban.
According to the tobacco Industry. the Vs Of
Sdvortising Is *Imply to
persuade makers to obangs brands. and as such
enhance* the Competition
between the varlaus prdducts on the sarkst(2). Any
fare of
advertising by d6fl6itIon seeks to Increase the
Urpttsd proftelis
share of the Market. ftwover. different studies
ohm that makers are
very ltygl to their tobacco brand and that al
arettes are among the
products which have the highest brand loyaltyf;).
-
U*"9~1yrAR%f am n-V4C-- INKMVIDUAL AKr%c-t a-<
brttel& 23
- Paragraph Is Establishes the general rule
bannIng.all advertising
far %Qbscw products In the ColnunItY outolds
tobacco $9106 Outlets.
Paragraph 2; points out that the ban In paragraph
I also Covers
such cases where advertising for tobacco products
does not specifically
Mention the product. but uses a brand or trade
Mark whose replAtatlon is
primarily associated with a tobacco orodu:t. *Ivan
the high ISY41 of
public recognition of brands. emblems and other
distinctive Signs for
tobacco products. any advertising for other
products using such devices
is perceived go being for the tobacco products.
Cones4tientlY. this
type of advertising also encourages the
consumption of tobacco
products. The public w1 I I recognize the
distinctive signs for the
tobacco products oven where they art used to
advertise something also
entirely.
C:)
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BAT Industries document for Province of British
Columbia 26 October 1999


Article I
For the purpose of tAls Directive. the following
definitions "sit
&poly t Advertising v any form of oommunic4tion.
written, radio and
television broadcast and vinme. with the Vie or
direat or
Indirect effect$ of promoting a tobacco product.
IncludlAil
advertising which while It not specifically
sontionIng the
product. tries to air cus vent the advertising ban
by using brand
nafte, trade marks. emblems or other distinctive
features of -
tobacco froducts. '
- Tobacco proftate s At I products Intended to be
smoked. sniffed.
suaked or showed. In as mucit as they are. even
Partly. Made Of
tobacco I
. ToMom sales outlets a establishment*
Specializing In the oafs
of tobacco and with trielosed Indoor promises
for.serving
euxtowers. Shop* witn a range of dIfforant gocae
on sale are
excluded frm this defintion.
Article I
1. without prejudice to the Directive 99/522/EEC
of the CAmnall
eoncerning the pursuit of television broadcasting
activities, all
forts of advertising for tobacco products 0&1l be
banned In the
torrito" of the camunity.
a. no womosr Itates sha I I ensure that brands or
trademarks whose
reputation is vainly associated with a tobacco
product, are not
used for Advertising In other areas. If this brand
or trademark Is
still being used for advertising at a tobacco
produat.
3. The Member States shal I also ensure that now
tobacco Products are
unabre to uke Use of the reputation acquired by
certain brands or
tradsmarka already used In association with
products other then
tobacco products.
4. Ar4 free distribution of tobacco products
$11ill be banned.
*'r"t-a6L*,T%o" aF CFF4C_%ArL Shwrs"EMT F*zvj
,'Me. CC*%MW10W
a) A tabat" trademrk. logo or other characteristic
sign uy not be US,d
to advertise a oro&ct other than tobacco, since
people perceive thIS
is tobacco adyert(sing.
Indeed. If the tobacco OOmP&nY spends a small
f6rtuno an 606rtialp,
for a Proguet -like mstches- for which there Is
hardly any ppofit, the
real PufPOx* Of the 42&F0100 must be to proir4te
the tobacco product.
Any 61n4froot, tobacco promotion of this or
Similar kind will
tahrorore not be allowed.
N)
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BAT Industries document for Province of British
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Tobacco companies may sponsor at I kinds of events
In culture, sports atc.
and they S&Y Inform the Public that they do so.
They only have to
respect one Condition I they Rust not use a
tobacco trademark, logo or
characteristic signs associated with tobacco.
since this 19 perceived as
tobacco advsrtl#lng.
N)
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BAT Industries document for Province of British
Columbia 25 October 1999