Australia: World watching tobacco case
As cigarette giant British American Tobacco said today's proceedings would act as a "test case" on the validity of the legislation, Ms Roxon said she was "very confident" the laws would stand up in court.
"We are very conscious that we are being watched around the world on this," Ms Roxon told ABC Radio.
"But ultimately this is a deliberate policy decision and we are following through with that by defending strongly the claims that are being made against tobacco companies in the High Court today."
She told the Seven Network: "I think big tobacco are just throwing everything at it because they are scared (plain packaging legislation) will be successful and they are scared it will be copied around the world".
Australia's landmark legislation will from December 1 force all cigarettes to be sold in olive-brown packets with no company logos.
Speaking outside the High Court before the proceedings began Ms Roxon said it would be an “interesting couple of days”.
“It is now in the hands of the High Court,” she said.
Ms Roxon said the government stood by its legislation, and that it was “absolutely necessary” due to the massive toll smoking took on Australian lives.
“We have 15,000 Australians who die every year from tobacco related diseases,” she said.
“Tobacco is the only legally sold product in Australia that when it is used as recommended it kills.”
The legal challenge to the laws, which passed last November, is being mounted by tobacco giants British American Tobacco, Phillip Morris, Imperial Tobacco Australia and Japan Tobacco International.
They say the legislation breaches the Australian Constitution because it seeks to acquire property - in the form of brand names - without providing compensation.
"As a legal company selling a legal product we have continually said we will defend our property on behalf of our shareholders as any company would," BAT spokesperson Scott McIntyre said yesterday.
"We're very grateful that the High Court has facilitated the hearing to occur so quickly after we commenced proceedings in December 2011."
The government insists it is restricting the use of brand names and logos, not taking them over.
In submissions filed to the High Court earlier this month, the government rejected the tobacco companies' main argument.
"The argument is unsustainable," the commonwealth said.
"What an owner gains by registration of a trademark is relatively no more than a monopoly right to exclude others from using the mark without the owner's authority."
The submissions rebuked BAT Australia for downplaying the harm of tobacco.
The Coalition today said they supported plain packaging legislation however believed tobacco companies were free to make whatever challenge they saw fit.
Opposition legal affairs spokesman George Brandis told Sky News: "We've made it clear that we support mandatory plain packaging".
"But that having been said the tobacco companies are perfectly entitled to assert their intellectual property rights in the High Court.''
Opposition Leader Tony Abbott later echoed Senator Brandis’ comments.
The Australian Online revealed earlier this month that Honduras and the Ukraine had both filed disputes against the government’s plain packaging laws to the World Trade Organisation.
In separate submissions, Honduras and the Ukraine - both tobacco exporters - complain the Australian laws are an unnecessary obstacle to trade.
They have requested consultations with the government over the legislation.
