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
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: Suggested Citation