By: Larry Williams | Thursday, August 16, 2012 4:42 PM

The tobacco companies still think they will prevail over plain packaging despite the court decision in Australia.

The key arguments are around trademarks and property rights and now experts are assessing what this might mean for other companies.

You see it is generally recognised in law that if you have a trademark then you have a property right and therefore you control it.

This decision turns that theory upside down because the court has found that a property right is a privilege and it can be taken away from you.

So it could be a precedent setting decision.

Now I have no truck with the tobacco companies but this is not a slam dunk just yet.

The other thing is that the Australian legal framework is quite different to New Zealand's so those folk getting all excited about the prospect of plain packaging should hold off their celebrations.

 

XENOPHOBIC BILL

Russel Norman’s private members bill to prevent foreign companies from owning farmland of more than five hectares is nothing more than a xenophobic bill.

That Labour supports this bill is quite remarkable given that foreigners went on a shopping spree when they were in government.

But more to the point, this bill is dangerous for this country’s future. It is worrying that we have political parties prepared to go along with this path which would wreck our economic base.

The bill is about China that is what it is.

NZ relies on direct foreign investment. Our country depends on it. If we shun foreign investment there are plenty of others who will pick it up.

The fact is our rules around foreign investment are already very tight.

Norman’s bill would kill the country. Period.

 

RAVING MAD WOMAN

The Belarusian Ostapchuk is going to the bottom of the barrel to cover up her drug taking.

First the positive test was a misunderstanding, then a conspiracy against Belarus, then she blamed her former coach, and now she claims that Valerie Adams is a drug cheat.

Ostapchuk claims that Adams failed a drug test in 2005. She says that the real reason Adams was left off the start sheet was because of doping.

Of course this is all nonsense, Adams has never failed a dope test, but it gives an indication of just how corrupt and desperate Ostapchuk is.

 

THE BEAST

Wanganui’s certainly not happy with the sexual predator Wilson moving into the area.

Going by the reaction no amount of reassuring by the authorities is going to change much.

They don't want him there even if he does look to be more or less in a ball and chain. It’s hard to imagine Wilson being given any opportunity to reoffend with the strict conditions placed on him, but ‘never say never’.

I think we can all relate to the concerns.

It seems to me that even if Wanganui are successful in getting him dumped somewhere else, we will have the same issue all over again.

Nobody wants him.

Just think of the outrage if his lawyer gets his parole conditions relaxed - because it’s a possibility.

Photo: stock.xchng

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