Acquisition of Intellectual Property Rights: Australia's Plain Tobacco Packaging Dispute

European Intellectual Property Review, 2013, vol 2, pp 113-118

8 Pages Posted: 25 Nov 2012 Last revised: 11 Jun 2013

See all articles by Tania Voon

Tania Voon

University of Melbourne - Law School

Date Written: November 24, 2012

Abstract

Australia’s standardised tobacco packaging legislation will be fully implemented on 1 December 2012 but remains subject to challenge in the World Trade Organization and under the Hong Kong – Australia Bilateral Investment Treaty. This world-first scheme has proved controversial, particularly given its impact on tobacco trademarks. The recent decision by the High Court of Australia rejecting a constitutional challenge to the legislation is therefore significant and sheds light on the nature of trademark rights. The Court’s ruling that so-called plain packaging does not amount to an acquisition of property strengthens the likelihood of adoption of this kind of measure elsewhere.

Keywords: tobacco, trademarks, intellectual property, constitution, acquisition

JEL Classification: K19, K33

Suggested Citation

Voon, Tania, Acquisition of Intellectual Property Rights: Australia's Plain Tobacco Packaging Dispute (November 24, 2012). European Intellectual Property Review, 2013, vol 2, pp 113-118. Available at SSRN: https://ssrn.com/abstract=2180584

Tania Voon (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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