Africa

This chapter considers the politics of intellectual property in an examination of the Australian domestic conflict over the plain packaging of tobacco products. It focuses upon the written submissions and the oral arguments of the parties, and the ruling of the High Court of Australia in the case of JT International SA v Commonwealth, British American Tobacco Australasia Ltd v Commonwealth. This chapter contends that the ruling of the High Court of Australia will spark an 'Olive Revolution', in which other countries will follow the lead of Australia and mandate the plain packaging of tobacco products. It considers the historical exploration by the High Court of Australia of health regulation, the use of health warnings, and tobacco control. The chapter considers the emphasis placed by the High Court of Australia on the importance of public policy in the interpretation of intellectual property law, policy and administration.