Is Plain Packaging Plain Simple? - An Analysis of the Compliance of the Plain Packaging Laws for Tobacco Products with Australian and International Intellectual Property Laws

摘要

… If you smoke, a cigarette pack is one of the few things you use regularly that makes a statement about you. A cigarette pack is the only thing you take out of your pocket 20 times a day and lay out for everyone to see. That's a lot different than buying your soap powder in generic packaging. The tobacco industry has faced heavy restrictions on permitted forms of advertising in recent years. The Tobacco Advertising Prohibition Act 1992 (Cth) (Prohibition Act) and similar state legislation ban almost all forms of tobacco advertising and promotion. This legislation aims to improve public health by limiting the public's exposure to messages and images that may encourage the use of tobacco products. In an effort to combat the counteractive effect on their cigarette brands, tobacco companies have found innovative ways of advertising and promoting their brand via the packaging. This is permissible as words, signs or symbols appearing on tobacco products or the packaging are exceptions to the definition of "tobacco advertisement" under the Prohibition Act. For example, in 2010, Philip Morris, one of the largest tobacco companies, used their cigarette packs to promote the 'Peter Jackson' brand displaying slogans such as "Over the fence is 6 and out. Another Classic" and "Jack of all trades, master of none. Another classic.". A few years earlier to that, British American Tobacco (BAT) released limited editions of its Dunhill branded cigarettes under the "Signature series" and "My mixture" branding and many cigarette brands, including Marlboro and Winfield have been sold in stylish tins.