Public Health, Intellectual Property, and the Trade and Investment Law Challenges to Australia and Uruguay’s Tobacco Packaging Laws
AuthorLiberman, J; Zhou, S
Source TitleAustralian Year Book of International Law
PublisherKoninklijke Brill NV
University of Melbourne Author/sLiberman, Jonathan
AffiliationMelbourne Law School
Document TypeJournal Article
CitationsLiberman, J. & Zhou, S. (2020). Public Health, Intellectual Property, and the Trade and Investment Law Challenges to Australia and Uruguay’s Tobacco Packaging Laws. Australian Year Book of International Law, 37 (1), pp.65-75
Access StatusOpen Access
Tobacco industry internal documents now in the public domain show that in the 1990s, when researchers first proposed that tobacco products be sold in ‘plain packaging’ with large graphic health warnings as a way to reduce the promotional effects of tobacco packaging, the tobacco industry responded with a strategy to recast public debate on the measures in terms of trade and intellectual property rights instead of in terms of health. Despite receiving le-gal advice that these arguments did not have merit, the tobacco industry claimed, over decades and across jurisdictions, that plain packaging and graphic health warnings would expropriate their trademarks, violate international intellectual property agreements, and create barriers to trade.
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