Unpacking Constitutional Protection for Trade Marks: The Plain Packaging Disputes Before National Courts

Unpacking Constitutional Protection for Trade Marks: The Plain Packaging Disputes Before National Courts
Robert Burrell

ISBN 978-90-411-9097-0
Kluwer Law International BV, The Netherlands

This final chapter analyses the cases brought against plain packaging legislation before the Australian and English courts based on an alleged expropriation of trade mark rights and goodwill. The introduction of plain packaging for cigarettes and other tobacco products has led to legal challenges before both national and international tribunals.