The package of "neutral" cigarettes becomes a reality, following the adoption of the law to modernize the health care system (called "Health Law").
By "neutral package" means that "conditioning units, external packaging and secondary packaging of cigarettes and rolling tobacco, cigarette paper and paper for rolling cigarettes are neutral and standardized."
The neutrality of the package has a direct impact on the exploitation of brands of cigarette and tobacco manufacturers since it prevents them from exploiting their logos.
According to the Constitutional Council, if the intellectual property right is a right of constitutional value, it can be framed or limited under, including other rights of equal value, such as the right of public health.
The neutral package does not deprive trademark owners of their signs, since only their use is supervised. In addition, this framework is justified on health protection objective. It follows that there is "no manifestly disproportionate interference with property rights." and that neutral packages can therefore remain so.
This article is illustrated with a work for which we received courtesy of Anne BOUDARD,
Serie "Re Dreams" Anne Boudard photographer All rights reserved.
And always with the invaluable collaboration of: http://www.artbookedition.com/