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For example, the word mark Winfield is Australian trademark registration No.369487 dating from December 18, 1981,[link widoczny dla zalogowanych], and owned by British American Tobacco (BAT). It is often overlooked that the primary right obtained from trademark registration is a negative right; it is actually the right to prevent other people from (mis)using the trademark. The proprietors may use the mark themselves subject to other laws, but they actually gain from registration the right to take legal action that will stop third parties from using the mark on the same or similar goods. So, the change to plain packaging will not adversely affect this right.
For instance, in the future if someone were to manufacture in Australia Winfield cigarettes in their present packaging for export to other countries,[link widoczny dla zalogowanych], BAT would still be able to take action to prevent this. The situation with copyright is broadly similar. It basically confers the right to take action against third parties who are copying and misusing the owner’s old packaging artwork and this right is hardly diminished by requiring plain packaging.
They are entitled to prevent others from using their trademarks,[link widoczny dla zalogowanych], but that is all. In addition, the agreement has a provision stating that: ”Members may,[link widoczny dla zalogowanych], in formulating or amending their laws and regulations, adopt measures necessary to protect public health.” The trademark provisions of the agreement need to be interpreted in light of these fundamental and undeniable legal principles. Finally,[link widoczny dla zalogowanych], there exists an international treaty specifically dealing with tobacco issues. The World Health Organisation Framework Convention on Tobacco Control requires its 168 parties to implement a comprehensive prohibition on the promotion of tobacco.
In 2008, the parties to the convention unanimously adopted guidelines recommending that parties consider plain packaging in order to achieve that objective. Australia is simply intending to be the first cab off the rank in adopting that option. The Pentagon’s after a better way to strike back against infectious diseases and bio-threats. Now, a team at Texas A&M may have come up with a way to turn tobacco plants into vaccine-making machines. Darpa, the military’s risk-taking research agency, is investing $40 million into the Texas Plant-Expressed Vaccine Consortium, which will test the tobacco-based method and then offer up 10 million doses of H1N1 vaccines.
Once the process has been vetted,[link widoczny dla zalogowanych],[link widoczny dla zalogowanych],[link widoczny dla zalogowanych], the researchers anticipate a scalability that could yield 100 million vaccine doses per month. Plant-based vaccine production has been in the workings for years now, including the successful creation of edible bananas that protect against the Norwalk virus. Last summer, Darpa requested proposals for plant-based options that would rapidly yield protective antigens for the creation of potent vaccines. Tobacco is a particularly good option, because it’s cheap and grows quickly — yielding vaccines in weeks, rather than the several months required for the standard egg-based method that’s been used since the 1950s.

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