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ARTICLE · 14 OCTOBER 2012

Does the tobacco plain packaging High Court case affect your brand?

Holding Redlich
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There are steps you can take to protect your brand and your legal rights in the intellectual property in your business.

AustraliaIntellectual Property
Dan Pearce
Dan Pearce
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On 5 October 2012 the High Court made orders in two matters concerning the Tobacco Plain Packaging Act 2001 (Cth).

British American Tobacco Australasia Ltd (British American Tobacco) and JT International SA (Japan Tobacco International) (as applicants) had sought to challenge the Government’s legislation requiring plain packaging of tobacco products on the basis that the Commonwealth Government would be acquiring their intellectual property.

The applicants argued that the Tobacco Plain Packaging Act breached section 51(xxxi) of the Constitution. They argued that the Commonwealth Government was acquiring their property (including branding used for packaging) unjustly and for no consideration.

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