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So for several reasons the intellectual property owned by cigarette companies will not be much affected by the restriction to plain packaging, or is based on redundant registrations directed to packaging variations of plain word marks that will still be being used. The cigarette companies could argue that the value of their goodwill in these redundant trademark registrations has been reduced and damaged, but assigning a value among the plethora of registrations will be difficult, and I believe probably will not much help the companies’ legal position.
Furthermore, the government is likely to be able to show a public benefit from restricting the packaging to a plain and standard form,[link widoczny dla zalogowanych], by reducing the level of smoking in Australian society, as well as in improving its financial situation, because the new standard packaging should reduce smuggling of contraband cigarettes from overseas. Shops stocking traditional-looking packs of cigarettes will now be easy to spot as all Australian cigarettes will be distinctive in appearance, at least until other countries adopt similar procedures.
No doubt there will be more huffing and especially puffing from the cigarette companies about the requirement to use plain packaging, but ultimately, I believe this will prove futile. “The new warnings are certainly an improvement over the previous ones. Older warnings, which showed an X-ray of a lung or a diseased lung or a scorpion, were not effective,[link widoczny dla zalogowanych],” said Dr K. Srinath Reddy of the Public Health Foundation of India. Research in developed countries has shown that depicting the health impact of tobacco in the form of pictures was effective.
The new warnings were fieldtested in Orissa,[link widoczny dla zalogowanych], Bihar,[link widoczny dla zalogowanych], Arunachal Pradesh,newport cigarettes, Sikkim, Madhya Pradesh,[link widoczny dla zalogowanych], Kerala and Andhra Pradesh by VHAI. In Maharashtra, these were tested by the Healis-Sekhsaria Institute for Public Health. The study was conducted using 11 images and response was sought from 735 people, including tobacco-users, women and youth. Ninety-eight per cent of people said the pictures of mouth cancer would deter tobacco-users.
“They said they will not send their children to buy cigarettes if these pictures were printed on tobacco products,[link widoczny dla zalogowanych],cheap marlboro cigarettes supplier,” Bhavna Mukhopadhya of the VHAI said. The study was sent to the health ministry last month. Pictorial warnings were enforced on May 31 last year after the intervention of the Supreme Court. The apex court had directed the government to enforce the rules strictly.
The current average state cigarette tax is $1.34 per pack, with rates ranging from a low of seven cents in South Carolina to a high of $3.46 in Rhode Island. Tobacco use is the leading preventable cause of death in the United States, killing more than 400,000 people and costing $96 billion a year in health care costs. Every day, another 1,000 kids become regular smokers – one-third of them will die prematurely as a result. The national survey of 847 registered voters was conducted from January 20-24, 2010, by International Communications Research and has a margin of error of plus or minus 3.4 percentage points. Find more information, including the full report, state-specific information and detailed poll results.