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In that case, the plaintiffs argued that the Act amounted to an appropriation of the goodwill embodied in their brands and that by enacting it the Commonwealth of Australia had acquired their intellectual property rights and goodwill other than on just terms. However, by a majority of six to one, the High Court found that although the Act regulated the plaintiffs intellectual property (IP) rights and imposed controls on the packaging and presentation of tobacco products, it did not confer a proprietary benefit or interest on the Commonwealth or any other person. The Australian Government then prevailed in a challenge by Philip Morris ( Philip Morris Asia Ltd v Australia , PCA Case No

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