Time to widen the debate

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

Time to widen the debate

There was a session on plain packaging at the INTA Annual Meeting in Hong Kong last week (the rest of the session title was "Who will it affect next?")

The panellists were united about the dangers of plain packaging rules to trade mark owners and appeared quite convinced that the introduction of a plain packaging law in Australia would have a multi-directional domino effect, spreading across both jurisdictions and industries.

But I wondered about the value of this kind of meeting of like minds. The panellists shared with the audience some interesting information about legal cases related to free speech and trade marks, and about the lack of evidence linking plain packaging to a reduction in rates of smoking. But it did seem to be a case of preaching to the converted.

There’s no doubt that IP professionals concerned about plain packaging laws have a strong, perhaps watertight, legal case – at least within a framework that treats intellectual property rights just like other property rights.

The problem for trade mark owners is that not everyone sees IP in the same way. For some people outside of the rarefied world of legal get-togethers, IP rights have a more practical, less abstract purpose: they are there to incentivize innovation and creation, and to help shoppers know what goods and services they are buying. If they don’t meet those aims, or if they are trumped by other public interest aims, then IP rights can and should be overridden.

I know that most (but not all) trade mark practitioners will believe, like the panel, that IP rights should be protected for their own sake. But IP conferences risk being echo chambers, where people who share the same beliefs meet to have those beliefs reinforced. Is that useful for trade mark owners in the long run? I am not so sure. Perhaps it would be helpful to widen the range of views on the platform.

more from across site and SHARED ros bottom lb

More from across our site

Six hires across the IP spectrum reflect Orrick’s efforts to better serve tech clients across the IP lifecycle
David Stone, partner at White & Case, argues that the government’s planned reforms will modernise and futureproof UK design law, but leave two of the thorniest problems unresolved
Max Scott will join the firm’s IP transactions group in California, becoming the latest Weil IP partner to secure their future
Yonatan Drori, attorney at Drori-Stav IP in Israel, explains why foreign counsel must treat Israel’s patent disclosure requirements as an ongoing obligation, rather than a one-off formality
From Japan to Southeast Asia, domestic and regional firms picked up some of the biggest prizes, while key foreign players maintained momentum
Earlier this month, Managing IP had exclusively reported that the French arm of Taylor Wessing was minded to pull out of the deal
Our latest podcast examines how Weil’s IP practice evolved, where its practitioners could (and will) go next, and which firms and markets stand to benefit from the redistribution of talent
Former Latham partner Chris Henry and transactions lawyer Liza Cotter are heading to the firm as Weil’s IP practice starts to disperse
Rival IP teams return to court for a closely watched appeal over AI and copyright, but observers hoping for answers to some of the technology’s biggest legal questions may be left disappointed
Eight years after its launch, members of the Australian patent firm’s Singapore office explain its growth strategy over the past year
Gift this article