Regulatory restrictions on the use of trademarks: Do they serve their purpose? Who compensates their owners for the loss of value?

Recently, several Latin American countries have imposed the obligation to incorporate labeling (black octagons) on food products with high sodium, fat and sugar content as well as prohibiting the use of figurative brands that allude to caricatures cartoons?? or characters on the packaging and advertising of such foods.

We are witnessing more and more regulations of this kind in Latin America, aimed to attack the problem of NCDs (non-communicable diseases) such as diabetes, obesity, hypertension, etc. These diseases represent an economic and social problem in world economies. But it has been proven that all these regulations have not led to reduce diseases at all, only to affect the assets of the companies. With such restrictions, it is a reality that intangible assets (trademarks, labeling and registered packaging) lose accounting and financial value, as they become worthless assets due to a regulation created after their original registration, ceasing to impact income generation. The prohibition of the use of such IP intangibles causes them to lose accounting and economic value due to external factors and third parties, without the owner of the trademarks receiving remuneration or compensation for the detriment suffered. Therefore, a panel for analysis and discussion of the situation described above is proposed, along with alternatives for prevention and reaction that each jurisdiction may have , inlcuding the possibility of remediation or compensation for the loss of value suffered.