Up-in-smoke tour – the olive revolution reaches Ireland

By Jane Bourke and Helen Johnson

With plain packaging legislation in place in Australia and now Ireland – and on the agenda in several other countries – the tobacco companies are fighting back, claiming that such regulation threatens the basis of all IP rights

Delusive exactness is a source of fallacy throughout the law. By calling a business ‘property’ you make it seem like land, and lead up to the conclusion that a statute cannot substantially cut down the advantages of ownership existing before the statute was passed. An established business no doubt may have pecuniary value and is commonly protected by law against various unjustified injuries. But you cannot give it definiteness of contour by calling it a thing – Judge Holmes in Truax v Corrigan (257 US 312 (1921))

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Issue 74