The Full Court has dismissed Scandinavian Tobacco’s appeal from Allsop CJ’s ruling that Trojan’s repackaging of various genuine cigar products into conformity with Australia’s plain packaging laws is legitimate.
Australia Wins Philip Morris’ Challenge Against tobacco plain packaging
Plain Packaging: WTO dispute panel appointed
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… Read More
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.. Read More
The Senate has referred the Trade Marks Amendment (Tobacco Plain Packaging) Bill 2011 to the Legal and Constitutional Affairs committee. This bill would give the Government power to “fix” gaps in the Tobacco (Plain Packaging) Bill by simply making regulations. The House of Representatives Health and Ageing committee has recommended the bill be passed. The Committee is due to report by 2 September with the Committee’s report due by 19 September.
In a report tabled today (pdf), the House of Representatives’ Health and Ageing committee has recommended that the House pass the tobacco plain packaging legislation. The Committee noted the submissions about possible breaches of TRIPS, the Paris Convention, the Constitution etc. and said at [1.63]: While the Committee recognises that there are … complex legal issues relating intellectual property and trade marks, it considers these issues to be beyond the purview.. Read More
Phillip Morris has announced that it plans to sue Australia under the Australia-Hong Kong (SA) Bilateral Investment Treaty over the planned plain packaging legislation. What the Government is proposing to do Under the proposed Tobacco Plain Packaging Bill 2011, tobacco companies would be required to adopt a prescribed form of packaging for tobacco products. In its most recent form, this would involve all tobacco companies using the same olive brown.. Read More
IPRIA held a public seminar on the Commonwealth Government’s proposals to ban the use of artwork and logos on cigaratte packaging. The video and Powerpoint packs are now online via here – Prof. Davison advises me that Videos 4 and 5 are the “legal” ones.
IPRIA is hosting a seminar on the Commonwealth Government’s announced intention to ban the use of artwork and logos on cigarette packaging. Speakers: Prof. Mark Davison Prof. John Freebairn, a professor of economics at Melbourne Uni Ass. Prof. Angela Paladino, who teaches in Marketing at Melbourne Uni (and is a recipient of over $2M in competitive funding) Tim Wilson, the Director of Intellectual Property and Free Trade unit at the.. Read More