The manufacturers of tobacco products and tobacconists in France as well as the National Confederation of tobacconists of France had appealed to the Council of State to oppose the neutral packet of cigarettes. In question, for manufacturers of “respect for intellectual property rights” and the defense of “trademark law” and for tobacconists the degradation of working conditions and the strengthening of the parallel market.
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The decision has been rendered, the Council of State rejects these appeals according to a administration press release.
To the appeals brought by the industry linked to tobacco, the Council of State affirms that “this ban does not extend to the brand names and the trade name associated with them, which allows buyers to identify with certainty the affected products. It also notes that, although this prohibition constitutes a limitation on the right to property in that it regulates the use of trademarks, such a limitation is proportionate to the public health objective pursued by the establishment of the neutral package ”.
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And recalls that “the national regulations relating to the plain packet of cigarettes, which constitutes a quantitative restriction on the importation of goods, complies with European Union law, which authorizes the establishment of such restrictions when they are justified. by an objective of public health and protection of human life ”.
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