TY - GEN AB - Directive 2003/33/EC, Art. 2 (b) and (c); Marketing Act, Sec. 23; Tobacco and Similar Products Act, Sec. 3(8), Sec. 9, Sec. 11(2) ‒ JTI Sweden AB v Konsumentombudsmannen (Consumer Ombudsman) Headnotes by the Editorial Office 1. Section 9 of the Tobacco and Similar Products Act, implementing Art. 2(c) Directive 2003/33/EC, lays down that manufacturers, wholesalers and importers may not sponsor national events or activities to which the public has access if the sponsorship promotes, inter alia, tobacco products. 2. The decisive factor in the current and previous wording of the sponsorship ban is, in accordance with the definition in the legislation, whether any form of private or public contribution has been made with the aim or the direct or indirect effect of promoting tobacco products. 3. A tobacco producer’s payments to a festival organiser constitute unfair marketing practices that must be prohibited under Sec. 23 of the Marketing Act. DO - 10.1093/grurint/ikad117 DO - doi ID - 49137 JF - GRUR International KW - Intellectual property. KW - Industrial property. KW - Commercial law. KW - Marketing. KW - Patents. LA - eng LK - https://doi.org/10.1093/grurint/ikad117 N2 - Directive 2003/33/EC, Art. 2 (b) and (c); Marketing Act, Sec. 23; Tobacco and Similar Products Act, Sec. 3(8), Sec. 9, Sec. 11(2) ‒ JTI Sweden AB v Konsumentombudsmannen (Consumer Ombudsman) Headnotes by the Editorial Office 1. Section 9 of the Tobacco and Similar Products Act, implementing Art. 2(c) Directive 2003/33/EC, lays down that manufacturers, wholesalers and importers may not sponsor national events or activities to which the public has access if the sponsorship promotes, inter alia, tobacco products. 2. The decisive factor in the current and previous wording of the sponsorship ban is, in accordance with the definition in the legislation, whether any form of private or public contribution has been made with the aim or the direct or indirect effect of promoting tobacco products. 3. A tobacco producer’s payments to a festival organiser constitute unfair marketing practices that must be prohibited under Sec. 23 of the Marketing Act. T1 - Tobacco Company is Prohibited from Sponsoring the Festival and Promoting its Products in Connection with it. TI - Tobacco Company is Prohibited from Sponsoring the Festival and Promoting its Products in Connection with it. UR - https://doi.org/10.1093/grurint/ikad117 VL - 73, 1, 2024 ER -