From: "Giorgi Kvirikashvili" <gkvirikashvili@gov.ge>
To: "Maia Tskitishvili" <mtskitishvili@gov.ge>, "Dimitri Kumsishvili" <DKumsishvili@mof.ge>, "ggakharia@economy.ge" <ggakharia@economy.ge>, "Sandro Jejelava" <ajejelava@mes.gov.ge>
Subject: Fwd: IMPORTANT- Property Rights Alliance position regarding the provision for standardized or plain packaging in the Georgia Tobacco Control Law

Sent from my Samsung Galaxy smartphone.

-------- Original message --------

From: Lorenzo Montanari <lmontanari@propertyrightsalliance.org>

Date: 5/11/17 19:37 (GMT+04:00)

To: Giorgi Kvirikashvili <gkvirikashvili@gov.ge>

Subject: IMPORTANT- Property Rights Alliance position regarding the provision for standardized or plain packaging in the Georgia Tobacco Control Law

Dear Prime Minister Giorgi Kvirikashvili,

 

On behalf of the Property Rights Alliance, I write to respectfully express concerns regarding the new draft containing the provision for standardized, or plain packaging in the Tobacco Control Law.

 

The Property Rights Alliance (PRA) is an advocacy project dedicated to the protection of physical and intellectual property rights. Each year PRA with our 100+ partner organizations hailing from Afghanistan to Zambia, produces the International Property Rights Index (IPRI), the only measure dedicated to physical and intellectual property rights and the institutions that protect them.

 

Property rights are the most fundamental building block necessary to secure human freedom and free markets.

 

PRA views plain packaging, the removal of brands, trademarks, logos and other protected marks, as the seizure of property and the removal of IP rights. Trademarks are intellectual property, and the right of every individual, business and legal entity to create and use trademarks must be protected in order for economies to thrive.

 

Plain packaging has not been shown to be effective in reducing smoking demand. What is known about  this policy is that its unintended consequences include the undermining of IP generally, harm to consumers and trademark holders, and negative revenue effects to governments.  

 

The intended health benefits of plain packaging are at best unsubstantiated. However, its invitation to crime, its economic consequences, and deprivations of intellectual property rights are certain.

 

 

Please find attached PRAs international coalition letter opposing the vacating of intellectual property rights through mandatory plain packaging.

 

In the letter, dozens of signatories agree: 

 

"The right to own property is a fundamental human right. 

Creating an environment where property rights are protected and legally enforced contributes to social and economic growth and stability.

The importance of secure intellectual property rights is recognized in international treaties and conventions.Various studies and indexes show that there is a strong positive correlation between a countrys robust intellectual property rights enforcement and GDP per capita.

Plain packaging prohibits the use of trademarks and therefore significantly erodes the value of this intellectual property a dangerous precedent to set for commerce in general.

Data suggests that the plain packaging efforts may not achieve their stated purpose.

Trademarks, brands, and logos are a critical way to provide brand information to consumers which is an assurance that they are purchasing a legitimate, quality product.

By not allowing companies to use their trademarks, plain packaging forces consumers to make uninformed decisions and in many cases puts them in danger by forcing them to enter the illicit black market in search of goods.

Weakening IPR is not only detrimental to the economy, but it can also place the publics health and safety at risk."

 

We will have the possibility to discuss IP next week in Tblisi, and will be happy to share with you  more details surrounding the negative consequences of plain packaging policies on the intellectual property rights system.

 

Sincerely,

Lorenzo Montanari

Lorenzo Montanari

Executive Director

Property Rights Alliance

(202)785-0266 (voice) | (202)445-6074 (mobile) | @lorenzmontanari (twitter) @PRAlliance (twitter)

http://www.internationalpropertyrightsindex.org/ 

Private Chair ALEC International Relations Task Force

https://www.alec.org/person/lorenzo-montanari/

http://www.forbes.com/sites/lorenzomontanari

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