Oireachtas Joint and Select Committees

Thursday, 13 February 2014

Joint Oireachtas Committee on Health and Children

Public Health (Standardised Packaging of Tobacco) Bill 2013: Discussion (Resumed)

1:50 pm

Mr. John P. Shaw:

Senator Colm Burke compared it to a drug that causes death and argues that it should be taken off the market. If one took it clear off the market, we would probably not be here on an intellectual property law basis. If one said that people are not allowed to smoke and to introduce cigarettes, we would probably be here talking about it with a human rights committee but we would not be talking about intellectual property law. It is the incremental change that requires balancing between the two rights. I have no issue with the contention that the health of the nation takes priority over intellectual property rights but I think the law says that one cannot just railroad over them but must have some balancing exercise between them.

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