[Intl-tobacco] WIPO Magazine, Trademarks and Tobacco

[robert.weissman@essentialinformation.org]

June 14, 2004

The Editor
WIPO Magazine
Marketing and Distribution Section of WIPO
34, chemin des Colombettes
P.O. Box 18
CH-1211 Geneva 20,
Switzerland

Dear Editor:

I just came across the March/April 2004 issue of WIPO Magazine, and was
appalled to see a photo of cigars on the front cover, promoting an
article entitled =93Getting the Most Out of Your Trademark.=94 The same
photo appears again on page 6, where the article commences.

The editorial decision to highlight a tobacco product with an article
about protecting trademarks, suggests that WIPO cares more about
protecting trademarks than about protecting public health. According to
the World Health Organization, tobacco products kill approximately 5
million people around the world annually.  As the tobacco industry
continues to expand globally, so is the epidemic of death and disease.
By 2025, it is projected that tobacco products will kill 10 million
annually, with 70% of these deaths occurring in low-income countries.

Associating tobacco products with the article is particularly offensive,
given the tobacco industry=92s opposition to a variety of tobacco control
measures proven to protect public health, on the grounds that such
measures violate their trademark rights in the WTO TRIPS Accord and in
the NAFTA and other U.S. regional and bilateral agreements. These
disputes include, for example, efforts by public health authorities to
require large, graphic warning labels on cigarette packs; plain
packaging; and bans on misleading descriptors such as =93light=94 and =93mi=
ld=94
that give smokers the mistaken impression that =93light=94 cigarette are
healthier than =93regular=94 cigarettes.

In May 2003, the Framework Convention on Tobacco Control (FCTC) was
adopted by the World Health Assembly.  The FCTC, the world=92s first
international public health treaty, will enter into force after 40
countries ratify it.  Countries that ratify must pass national
legislation mandating warning labels that cover at least 30% of
cigarette packs and banning misleading descriptors like =93light=94 and
=93mild.=94 Let us hope that tobacco companies do not continue to fight
these and other tobacco control measures in the name of =93protecting
their trademarks.=94 When trademarks become more sacred than human life,
it is time to question priorities.

I urge your magazine to refrain from directly or indirectly supporting
protection for tobacco company trademarks.

Sincerely,


Anna White
Coordinator, Global Partnerships for Tobacco Control
Essential Action