Plain Packaging: Laws and Judgements

Abstract

The research objective is to study and compare the issue of laws and judgments of plain packaging’s case in Australia, United Kingdom and France. In order to understand the plaints and the decisions of these three courts above, this study has the main point in analyzing the interpretation of plain packaging’s challenge by the courts. The study also aims to prepare for Thailand to implement the plain packaging law in the future.

The research found that the courts in these countries considered that the นplain packaging laws do not conflict with their domestic law and the International agreements’ principles. These principles include: Trademark laws, proportionality, non-discrimination, property rights and freedom of business

From the above-mentioned research finding, the author suggests that Thailand as a party of the Framework Convention on Tobacco Control (FCTC), has the obligation to use its law complying with this convention, the principle of proportionality, as well as, the non-discrimination.