Plain packaging tobacco decision shows that intellectual property is not sacrosanct

Where once intellectual property rights were considered sacrosanct, a couple of recent legal decisions indicate the ground is shifting in some areas of the law.

Plain packaging laws deemed a legitimate public health measure

It was recently reported around the world that the dispute panel of the World Trade Organisation had ruled that Australia's plain packaging laws for cigarettes were a legitimate public health measure and did not constitute an illegal barrier to trade.

The WTO ruling is not expected to be published until July, but it follows other setbacks for international tobacco giants seeking to take legal action against Australia for impinging on their trademark intellectual property rights.