LAW CASE STUDY Case Solution And Analysis, HBR Case Study Solution & Analysis of Harvard Case Studies

LAw Case Study Case Study Solution

Abstract

Over the period of a year, it is observed that smoking tobacco has been increasing especially among the youngsters and children.In a survey, it was found that around 1 billion people are chain smokers and 5 million people die per year mainly due to smoking which causes disease. Most of the government of different countries have started to take initiatives for reducing smoking among the people.

The government of Babylon while keeping interest of its people health had decided to change the packaging of its tobacco products. The aim of the government of Babylon was to increase the effectiveness of health warning and reduce the risk of illness caused by smoking such as cancer, chronic diseases, and others. The main target of this awareness campaign was the teenagers and children on which the purpose was of protecting healthcare. The States of Sudanistan and Arcadia had both taken action by going before the WTO and invoking the TRIPS agreement against the government of Babylon for changing the packaging of tobacco products.

Further analysis has been conducted on the TRIP agreement asaccording to both the States and government, some of these articles of TRIP are violated. Those articles were 17 and 18 according to the States of Sudanistan and Arcadia while the government of Babylon argues that it has been following the articles 7 and 8 which arerelated to public health.

Introduction

One of the biggest factors which have been the main cause of cancer and other chronic disease is smoking. Over the period of years, it is observed that smoking tobacco has been increasing especially among the youngsters and children. In a survey, it was found that around 1 billion people are chain smokers and 5 million people die per year mainly due to smoking which causes disease. It was noted that the gender which is most engaged in smoking are the males rather than female. Most of the smokers are literate people who have poor education background (Furrukh, 2013).

Many of the body parts are affected by smoking such as lungs, mouth, throat, trachea, stomach and many other organs of the body. The more a person has addiction of smoking, the more chances of getting cancer. The chronic diseases are mostly on the form of heart attacks and often lead to death.

Most of the governments of different countries have started to take initiatives for reducing smoking among the people. Similarly, referring to the case, the government of Babylon while keeping the interest of its people’s health had decided to change the packaging of its tobacco products. This measure involved in detaching the trademarks, logos, and graphics on the tobacco packages and new packaging would consist of a neutral color which would contain the content and information to the consumer relating to its toxic, chemicals and other related constitutes.

The aim of the government of Babylon was to increase the effectiveness of health warning and reduce the risk of illness caused by smoking such as cancer, chronic diseases, and others. The main target of this awareness campaign weret he teenagers and children on which the purpose was of protecting healthcare. However, the producers of tobacco companies which are located in the State of Sudanistanare against the government of Babylon on this act.

The State of Arcadia had also started to take measures for protecting its tobacco majors. Since the changing of packaging was making the looks of the products less attractive, it would result in damaging the tobacco companies’ revenue. As a result, both of the States had taken action against the government of Babylon by going before the World Trade Organization (WTO) and invoking the TRIPS agreement as they declared that Babylon was in the violation of the provision.

Problem Statement

The States of Sudanistan and Arcadia had both taken action by going before the WTO and invoking the TRIPS agreement against the government of Babylon for changing the packaging of Tobacco products. The States of Sudanistan and Arcadia believed that the government of Babylon had been violating the laws of the TRIPS agreement, whereas the government of Babylon believed that it had not violated the law according to the TRIPS article 7 and 8.

LAW CASE STUDY Harvard Case Solution & Analysis

Analysis

An analysis would be conducted on the laws issued by the World Trade Organization which are the TRIPS agreement that protects the intellectual property in terms of copyright and related rights. The States of Sudanistan and Arcadia believed that the government of Babylon had violated the TRIPS agreement articles 17 and 20, whereas the government of Babylon believed that it had not violated the law according to the TRIPS article 7 and 8. The articles of the TRIPS agreement would be analyzed for determining the chances of success and discussing which of the parties is stronger. Other laws would be analyzed while referring to the protection of copyright and related right as well as protecting public health and nutrition...................

This is just a sample partial work. Please place the order on the website to get your own originally done case solution.