Policymakers and academics are debating how certain provisions in a leaked draft of the Trans-Pacific Partnership (TPP) trade deal could affect IP-related laws in Australia and other prospective member states, including those governing plain packaging of tobacco products. The chapter that has become public concerns investor-state dispute settlement (ISDS), an arbitration process by which corporations can make claims for damages against foreign governments. Philip Morris is currently using ISDS to challenge Australia’s plain packaging law and anti-tobacco regulations in Uruguay.

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