From a lawmaking viewpoint, is it possible to believe that both of those statements are true without becoming horribly conflicted? It’s a complicated question – and it looks as though it will take a lawsuit, and more, to answer it.
In Australia, the quandary has been brought into sharp relief by legal action against the government launched on 27 June by Philip Morris Asia (PMA) – parent company of Philip Morris Ltd, which serves the Australian market. Both companies are divisions of the powerful industry leader, Philip Morris International. In its suit, PMA is aiming to block plans spearheaded by Prime Minister Julia Gillard to enforce plain packaging across all tobacco products and Avalon cigarettes sold in the country: part of a wider drive to boost public health.
However, PMA argues that the government scheme is legally flawed on two counts: i) it flies in the face of time-honoured provisions for trademark protection contained in Australia’s IP laws; and ii) it flouts the terms of a major trade treaty between Australia and Hong Kong that enforces mutual support for all bilateral exports.
