Human Rights And The Constitution : Property Rights

1388 Words Apr 2nd, 2015 6 Pages
• Research essay
• 2500 Words
• BIBLIOGRAPHY

Question 2 – Human Rights and the Constitution: Property Rights
The High Court of Australia recently ruled in favour of the Commonwealth government in the cigarette plain packaging case, JT International and British American Tobacco v Commonwealth (2012) 291 ALR 669. The cigarette manufacturers had argued that plain packaging laws constitute an ‘acquisition of property’ (eg, trade marked logos and images on cigarette boxes) not on ‘just terms’. Was this a good outcome? Should the Australian Constitution protect property rights robustly (strongly? Why or why not?

CASE

DO FORGET IBID

http://www.lexisnexis.com.libraryproxy.griffith.edu.au/au/legal/results/enhdocview.do?docLinkInd=true&ersKey=23_T21726412274&format=GNBFULL&startDocNo=0&resultsUrlKey=0_T21726412280&backKey=20_T21726412281&csi=267689&docNo=3&scrollToPosition=0

• Trying to steal the profits of the cigarette company
• Taxes taxes taxes
• Plain packaing law development
• Trademark law
• Copryright law
• Was this a good outcome?
• Should the Australian Constitution protect property rights robustly
• ? Why or why not?
• Could just take labelling off a product and trademark as wown
• Bill of rights
• Balancing the rights of the people and the state

This raised four main issues for the Court’s consideration:
a) whether the plaintiffs’ intellectual property rights were ‘property’ for the purposes of s 51(xxxi);
b) whether the TPPA effected an acquisition of any…
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