Tobacco companies have long been a source of conflict for the advertising industry. Ever since cigarette smoke was linked to lung cancer and a variety of other diseases, government regulations have forced these companies to put warning labels on every pack sold. However, these mandates have frequently been met with exhausting litigation from tobacco suppliers and retailers, and one only needs to read “Thank You for Smoking” for an easily-understandable version of this. A recent situation in Australia is presenting new challenges for business lawyers, making the continent a popular destination for legal professionals looking to capitalize on a lengthy lawsuit.
As of December 2012, all cigarettes in Australia will be required to be sold in nondescript packs with graphic warning labels and pictures, regardless of the brand of the company selling them. Tobacco companies see this as copyright infringement, however, as they claim the government is illegally preventing the incorporation of copyrighted brand logos.
“On that argument, the tobacco companies for the last 40 years or so have been frogs slowly boiling, with the gradual taking of their property,” said Commonwealth Solicitor-General Stephen Gageler, according ABC. “This is nothing more than the prospective regulation of conduct in the course of trade.”
Since many of the tobacco companies who provide cigarettes to Australia are located in the United States, thorough knowledge of the U.S. legal system will be needed in the near future. Lawyers who consider themselves to be experts in business and copyright law should consider legal recruitment firms to assist with a move to Australia. Attorney headhunters who know the in’s and out’s of the continent should be the first people contacted, as they often have the network and personal commitment necessary to ensure a successful placement.