Court of Appeal
Regina (British American Tobacco UK Ltd and others)
v
Secretary of State for Health
Regina (JT International SA and another)
v
Secretary of State for Health
Regina (Imperial Tobacco Ltd)
v
Secretary of State for Health
Regina (Tann UK Ltd and others)
v
Secretary of State for Health
[2016] EWCA Civ 1182
2016 Oct 18–21
Nov 30
Lewison, Beatson LJJ, Sir Stephen Richards
Trade markProprietor’s rightsRegulation of tobacco packagingWhether registered trade mark conferring on owner positive right to useWhether legislative prohibition constituting proper reason for non-use of trade markRegulations prohibiting certain labelling of tobacco productsWhether unlawful interference with intellectual property rightsWhether breaching Convention right to enjoyment of propertyWhether compatible with European Union lawWhether proportionate to objectiveWhether lawfulProcedure on claim for judicial review of Regulations Human Rights Act 1998 (c 42), Sch 1, Pt II, art 1[1] Standardised Packaging of Tobacco Products Regulations 2015 (SI 2015/829) Charter of Fundamental Rights of the European Union , art 17[1] Parliament and Council Directive 2014/40/EU, art 24(2)[1] Council Regulation (EC) No 6/2002, art 19(1)[1] Agreement on Trade-Related Aspects of Intellectual Property Rights (1994), art 19(1)[1]
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