Prof Dean was interviewed by Kieno Kammies for 567 Cape Talk radio today (31 May 2013) on World No Tobacco Day. Prof Dean discussed why Government’s proposed ban on tobacco branding (by means of plain packaging) is unconstitutional and amounts to brand genocide. The interview relates to his inaugural address and subsequent publications. This interview followed on Prof Dean’s previous interview with 702 Talk Radio (listen here).
You can listen to the interview on Cape Talk radio here.
Description (from Cape Talk):
Prohibiting trademarks amounts to brand genocide
Today is World No Tobacco Day. Every year, the World Health Organisation and partners mark this day, highlighting the health risks associated with tobacco use and advocating for effective policies to reduce tobacco consumption. Tobacco use is the single most preventable cause of death globally and is currently responsible for killing one in 10 adults worldwide. The theme for World No Tobacco Day 2013 is: ban tobacco advertising, promotion and sponsorship. Have you ever paused to wonder what Google’s most valuable asset is? Is it its massive bank of computer hardware, its portfolio of software, or its real estate holdings? No, it is the trademark Google, valued at $44,3 billion and rated as the most valuable in the world. It constitutes nearly a third of the company’s total value. The strength and value of a trademark depends on the extent of its use. If such use is discontinued, the trademark will wither and die. Think of Studebaker for cars, Instamatic for cameras, Cavalla for cigarettes, and Ipana for toothpaste. They were all famous trademarks, but have now faded away. If trademarks are not used, they die. Valuable items of property are destroyed in this manner. This same scenario is about to unfold before our very eyes. The World Health Organisation has instigated a global war against smoking and tobacco products. Several countries have banned advertising and the promotion of tobacco products and brands. This has severely dented the usage of tobacco trademarks. The war has now entered a new phase and a second offensive has been launched with Australia at the forefront, and other countries, including South Africa, following suit.
Guest: Prof. Owen Dean
Organisation: Stellenbosch University
Position: Professor of Intellectual Property Law, Faculty of Law
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