Políticas antitabagismo, plain packaging e o arcabouço legal brasileiro.

In a recent study by the National Cancer Institute, it was found that the use of tobacco products represents the world's largest preventable cause of death, accounting for an estimated six million deaths annually and more than one trillion Dollars in costs related to health care and lost produc...

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Bibliographic Details
Main Author: Schirru, Luca
Format: Article
Language:Portuguese
Published: 2017
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=6749119
Source:PIDCC: Revista em propriedade intelectual direito contêmporaneo, ISSN 2316-8080, Vol. 11, Nº. 1, 2017, pags. 120-155
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Summary: In a recent study by the National Cancer Institute, it was found that the use of tobacco products represents the world's largest preventable cause of death, accounting for an estimated six million deaths annually and more than one trillion Dollars in costs related to health care and lost productivity. The same study highlights that the total restriction to marketing activities for these products is a measure not only of low cost, but also of high impact to reverse the use of these products and that takes in its scope, among other measures, the adoption of packaging Standard or generic packaging. In this way, the present article will analyze the public policy of adopting generic packages for tobacco products, which still does not find consensus regarding the constitutionality of its adoption and the compatibility with the domestic legislation, as it occurs with The Industrial Property Law, for example. The objective of the present work will be to rekindle the debate regarding the adoption of these packages through the provision of a theoretical and institutional substrate to carry out further studies on the subject and that will address more specific issues such as: the relation of these packages With intellectual property, with the rights of children and adolescents, consumer rights, farmers' rights, among others.