Plain Packaging of Cigarettes: Would it Be Lawful?

Australian Intellectual Property Law Bulletin, Vol. 23, No. 105, 2010

Monash University Faculty of Law Legal Studies Research Paper No. 25

Posted: 14 Sep 2011 Last revised: 20 Aug 2013

See all articles by Mark Davison

Mark Davison

Monash University - Faculty of Law

Abstract

The new Labor minority government is committed to introducing plain packaging of cigarettes. The tobacco companies or those who advocate on its behalf have claimed that such moves would either breach the Australian Constitution or international legal obligations relating to protection of trade marks. Neither assertion is correct.

Keywords: plain packaging, intellectual property, Australian constitution, tobacco industry, Labour government, advertising

JEL Classification: K10, K11, K19, K20, K23, K29, K30, K32, K39, K40, K49

Suggested Citation

Davison, Mark, Plain Packaging of Cigarettes: Would it Be Lawful?. Australian Intellectual Property Law Bulletin, Vol. 23, No. 105, 2010; Monash University Faculty of Law Legal Studies Research Paper No. 25. Available at SSRN: https://ssrn.com/abstract=1926473

Mark Davison (Contact Author)

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

Register to save articles to
your library

Register

Paper statistics

Abstract Views
1,655
PlumX Metrics
!

Under construction: SSRN citations while be offline until July when we will launch a brand new and improved citations service, check here for more details.

For more information