An Analysis of Zimbabwe's Legal Framework for Trademarks and Tobacco Control

Abstract

The article analyses the legal framework for tobacco control in Zimbabwe and its effect on trademark rights. The analysis adopts a doctrinal review of primary legal sources such as case law and legislation. It also reviews academic literature on tobacco control measures that have been done at the international level, thus Europe, Asia and other African countries. Since Zimbabwe is a member to the World Health Organisation Framework Convention on Tobacco Control (WHO FCTC), it has certain obligations to advance the measures that are stipulated in the convention. Some of the measures that are provided in articles 11 and 13 of the WHO FCTC require that the country adopt labelling measures that are not misleading on tobacco products. It also imposes a total advertisement ban for tobacco products. These two measures impact the use of trademarks on tobacco products in many ways. In line with its international obligations, Zimbabwe enacted the Public Health (Control of Tobacco) Regulations, 2002 SI 264 of 2002. This article carries an exposition of the contents of the statutory instrument, comparing it to the demands of the convention and laws of other countries that have done well in this respect. This comparison leads to the conclusion that the Zimbabwean law in its current form and shape is inadequate and does not meet the requirements of the convention. This suggests that there is need to review and upgrade the law to make it compliant with the demands of the WHO FCTC.