Abstract

In this article, Davison discusses the Bilateral Investment Treaty ('BIT') dispute between Australia and Philip Morris Asia Ltd ('PMA') and the implications for PMA's intellectual property rights as a result of the Tobacco Plain Packaging Act 2011 (Cth) ('TPP'). In Part 1, Davison examines the merit of PMA's claims in its Notice of Arbitration relating to the intellectual property rights of Philip Morris Limited ('PML'). In Part 2, Davison turns to discuss the impact of the TPP on trademarks specifically before turning, in Part 3, to discuss the rights of registered trademark ...