- '24-+-EEB-1994 14. 51 FROM R011-r'FtS INTERRriC~4:L TO 0272667957 P.Oe24M 4 14:36 FR THE NIAGARA INSTITUTE 05 4Sa 5671 TO 01144E-BES34757 PAZ The Niagam ftismu WS 14 31 December. 1993 Mr. Tony Wood Dear Tony: I thought that I would write to you and John with a couple of tallow-up thoughts on possible next steps an the intellectual propert front.' While r -think that the Gatt/Trips prccass provides a useful entre to this pzoblem, I believe ttat its ult4mate usefulness might well be limited. This is because the antis will soon argue that where health is involved, adopting minimal regulation as a basis for trade harmonization ;-s not acceptable. Tizis will force the Issue back to where It needs to te addressed now, namely developing good arguments as to why minL=a' intellectual property and trademark infringement is this cnly reasonable policy. And to iWk- thrs- ase we need to scmahow deal with tbe issues that I attempt to set out in my paper. I think that they key to the problem of generics will finally be two issues: 1) are pack designs/trademarks first order intellectual property? and 2) if they are, what are the conditions under which what the intellectual Propert-i peopla call a 'justified taking" can occur? For the industry to defend its property, particularly in the public affairs arena, it will have to show that there 4s no justification fora *taxing" of its property, or at least for any-thing beyond a minimal taking. This should not be terribly difftcult since the only compelling justification tha= the antis can produce is one that involves Jnfringinq trademarks in the se----7ice of health warnings/risk education. Earlier this week r had occasion to speak with one of =he leading intellectual property/tradsmarks experts at Intel, the huge Ln N-) Ln CC) 0% BATCo document for Legal Services : Health Canada 19 October 1999 ~ 24-FEB-11994 14-51 FRCM RDTI-MNS INTEF;aRTICNPL TO OZ72E6?'-57 F-. 003/ow - . . 2 micro-c-tip manufacturer, with whom We are doing ano-L-Ie.- project. He indicated that there was very little published work on the Justi.fication,of governmental trademark/ intellectual property regulation or confiscation. He further Indicated that several industries including his own, the food and drink and entertainment inaustries, were quite concerned about gorva-==ent interest in this area He is very familiar with WIFO and thinks that we might find It quite =seful to pursue with them some sort of confer a--c a/workshop in which the various issues could be discussed. This would allow the Issue of r.P./Trad-rk confiscation to got onto the W:P0 issues agenda (something that my initial contact with WIPO suggested 18 months ago) and also help to context the issue as a proble- that other Industries also face so as to eliz.4zate 4.1he percepticn of tobacco industry isolation. All of this leads me to suggest to you two next steps. First, I would like to try to put iogether a short article on zte Issues that are raised by trademark confiscation that argues that such regulat4on/confiscation is unjustified- particularly '-= the new Gatt wo;1d. Thete are several likely places that this could be published. Second, r would like to puruse with WIPO tte possiblity of a workshop/conference ( we would probabiy want to have the Conference Board of the US and Canada, with which we are associated be a co-sponsor) on the issue of trademark infringement by government regulation. All good wishes, J 0 lu, ~i c.c. Mr. Zohn Me Donald Mr- .7chn ClUtterbuck 0 1 CD 7Arzi orbe-= f…P>-~ r%j MTFL P. M3 vi %ID Ki 11.4 Co ,-%i BATCo document for Legal Services : Health Canada 19 October 1999 1'Q1-rA4-1%_4 10-40 FROM TO OZ?266?W? a06/m HOUSE OF COMMONS LONDON SWIA OAA. 6 January 1994 Jacqueline Smithson Public Affairs Manager Rothmans International Tobacco Limited Denham Place Village Road Denharm, Uxbridge Middlesex UB9 5BL Dear Jacq ue'line Thanit you again for the interesting lunch. It does seem to me~that you are right to be concerned z=ut the effect of the global link movement on -the f utitre of in cigarettes, and the possibility that thjs alipt,oach wc,.::.i,. -ze applied to alcohol and other consumer produchFi. Tha =--jactives in b!!Lefing Parliamentarians must take Into account the F=-=:--Ien that could arise if too high a profile is established, a1mc-=* at those who believe that the development of black and white cs-a=_'c packaging would be.& serious loss to the process of I' suggest you consider the objective of briefing a and very carefully selected list of MPs, Peers and MEPs ir. =---er t6 establish a miniMUld Position of iwareness. You could =.-.3iddr doing this either as your own company, or a company. g=-_-~=_, or through the Tobacco Alliance. Selectivity will be naei~-_d to ensure that your briefing is aimed at those who are 'k =_-wl edge - able about the effect of branding and packaging. I suggesL that you should use the vehicle of an updato on the rv~=ent meeting of the Council of Ministers on cigarette advertising, with details 0 f those countries who supported the UK. It would a'== bee useful to brief on the legal advice on ultra vtres. The br-,=-4- could Contain details including costs of the orprilsation outlined to me. If you wish, I could explore the funding witm ---a apPropriate Commissioner. If you decide to Proceed, I would suggest n one-page =a=er, starting with an up-date on advertising, followed by a *z=ie! outline of the dangers of generic packagincl, outlininz= the innportance of brands and the dangers of couW-.nrfeit1L:-t=, plus a list of other products which may be af fected if there is an international move. towards generic packaging. In addition to the selected list of M:Ps, Peers and MEZ~s, you might care to discuss this with Noel Hunter of the In-smitute, of -Trading Standards Officers, whose Presiflent is Sir Z;"-don CD r%.) Ln %10 CD CD BATCo document for Legal Services : Health Canada 19 October 1999 10:41 FPZM TO OZ?2667957 P.007/0217 Sorrie. I am a I Vice President', as is Gary Waller and Sir Teddy Taylor, who I think are likely to be frienctly. A similar approach --nitt8s, Inter- could be made to the CBI Intellectual property Cc, national Chamber of Commerce and WIPO. As promised, these are MY thoughts-on the subject, ana if you wanted a more detailed study, including JdentifyLng a selected list of MPs, Peers and MEps, perhaps we could dils=uss the basis Of this. Best wishes Yours sincerely TOTFL P.ZZ7 %0 rV I BATCo document for Legal Services: Health Canada 19 October 1999