Where do you stand on plain packaging?

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

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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

Where do you stand on plain packaging?

Are tobacco companies part of an old-school IP camp? What’s the correct car-related analogy for an IP right you own, but whose use is restricted? Are plain packaging rules akin to environmental regulations that prevent the development of land and thus reduce the value of a plot?

These are some of the knotty commercial and legal questions being discussed on a LinkedIn post. They are in response to a story on Managing IP about Philip Morris’s legal strategy to oppose the UK government’s plans to force cigarette makers to sell their products in standardised packaging.

Responses from lawyers and IP consultants highlight the split in the profession about the IP objections raised by tobacco companies in their fight against plain packaging.

“While I don’t believe smoking should be prohibited, it is a major public health issue. But not, in my mind, an IP issue,” writes Melbourne-based IP consultant Mike Lloyd.

“Trying to apply a property argument for basically spin-control is starting to push the comfort boundaries of disinterested professionals,” adds IP broker Lawrence Lau, explaining why he believes that IP organisations seem reluctant to throw their weight too firmly behind the anti-plain packaging campaigners.

But New York-based IP lawyer Barry Krivisky suggests that plain packaging rules amount to a total prevention of use of a trade mark. “If you have a registration for a logo mark, but are prohibited from using it, what besides a trademark office piece of paper or record do you own?”

This amounts to a taking by the government, he says, and tobacco companies should, at the least, be compensated for it.

Lau responds with a smoking-related metaphor: “Only if they want to first cough up the money to offset for the negative health externalities.”

You can join in the debate below, or on the IP Pro group on LinkedIn.

more from across site and SHARED ros bottom lb

More from across our site

Swati Sharma and Revanta Mathur at Cyril Amarchand Mangaldas explain how they overcame IP office objections to secure victory for a tyre manufacturer
Claudiu Feraru, founder of Feraru IP, discusses the benefits of a varied IP practice and why junior practitioners should learn from every case
In the ninth episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss IP & ME, a community focused on ethnic minority IP professionals
Firms that made strategic PTAB hires say that insider expertise is becoming more valuable in the wake of USPTO changes
Aled Richards-Jones, a litigator and qualified barrister, is the fourth partner to join the firm’s growing patent litigation team this year
An IP lawyer tasked with helping to develop Brownstein’s newly unveiled New York office is eyeing a measured approach to talent hunting
Amanda Griffiths, who will be tasked with expanding the firm’s trademark offering in New Zealand, says she hopes to offer greater flexibility to clients at her new home
News of EasyGroup failing in its trademark infringement claim against ‘Easihire’ and Amgen winning a key appeal at the UPC were also among the top talking points
Submit your nominations to this year's WIBL EMEA Awards by February 16 2026
Edward Russavage and Maria Crusey at Wolf Greenfield say that OpenAI MDL could broaden discovery and reshape how clients navigate AI copyright disputes
Gift this article