This pro tobacco industry amendment has been tabled by French conservative and IPR fundamentalist MEP Marielle Gallo for the EU´s Trademark Directive. “The positive right to use” trademarks could be used to legally ban attempts at increasing health warnings on cigarrette packages. This is the amendment she has tabled:
Article 10 – paragraph 1
1. The registration of a trade mark shall confer on the proprietor exclusive rights in particular, the positive right to use it and to prevent any third party not having his consent from using it.
In a few weeks the Trademark Directive will be voted by the European Parliament.