IPwars.com

Mainly intellectual property (IP) issues Down Under

Tobacco Plain Packaging reasons

Having previously announced the conclusion that the Tobacco Plain Packaging laws were valid, today the High Court published their reasons. 6 of the judges, Heydon J dissenting, ruled that s 51(xxxi) did not apply because there was no “acquisition” of the tobacco companies’ intellectual property rights. It was true that the ability, or rights, of the tobacco companies to use their intellectual property rights was severely curtailed, if not extinguished. That was insufficient.. Read More

Another round in the plain packaging tobacco war

This is a bit behind as it happened over the break: The “tobacco plain packaging” legislation became law last December and, as you will recall, Philip Morris Asia has initiated an arbitration proceeding under the Australia-Hong Kong Investment Treaty. Australia filed its “defence” late in December, alleging that Philip Morris Asia bought the assets in question after the Government’s plans were known and so hasn’t lost any value: Prof. Davison has a typically.. Read More