JT International SA v. Commonwealth of Australia

[2012] HCA 43 (5 October 2012)

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JT International SA v. Commonwealth of Australia

Australia High Court
[2012] HCA 43 (5 October 2012)

Facts

The Commonwealth of Australia’s (Australia) (defendant) Tobacco Plain Packaging Act (the TPP Act) required uniform plain packaging on tobacco products and precluded nonconforming marketing and identifiers, including limits on the use of trademarks. JT International (JTI) (plaintiff) and British American Tobacco Australasia Limited & Ors (BAT) (plaintiff) (collectively, the tobacco companies) marketed and sold tobacco products in Australia. The tobacco companies filed suit against Australia in Australia High Court, claiming that the TPP Act constituted an unconstitutional acquisition of the tobacco companies’ intellectual-property rights. The high court—Australia’s highest jurisdictional court—accepted the constitutional challenge as a matter of original jurisdiction. The court consolidated the suits, and other tobacco companies intervened to join the constitutional challenge.

Rule of Law

Issue

Holding and Reasoning (French, C.J.)

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