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This removes any incentive on the manufacturer or consumer to switch out a high sugar product with a low sugar alternative

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provided that such measures are consistent with the provisions of this Agreement . According to the Panel, this shows the intention of the drafters of the TRIPS Agreement to preserve the ability for WTO Members to pursue certain legitimate societal interests despite their impact on intellectual property rights.[23] Since public health has been specifically mentioned in Article 8.1, measures adopted for protecting public health can definitely be the basis for justifiability of encumbrances under Article 20.[24] Therefore, the Panel concluded that the TPP measures for protecting public health is a justifiable reason for which the trademark has been encumbered by Australia