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

The association’s Australian group has filed a formal complaint against the choice of venue, citing Dubai as an unsafe environment for the LGBTQIA+ community
Firm says appointment of Nick McDonald will boost its expertise in cross-border disputes, including at the Unified Patent Court
In the final episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss the IP Inclusive Charter and the senior leaders’ pledge
Law firms are integrating AI to remain competitive, and some are noticing an impact on traditional training and billing models
IP partners are among those advising on Netflix's planned $82.7bn acquisition of Warner, which has been rivalled by a $108.4bn bid by Paramount
Sheppard Mullin’s Jennifer Ayers reviews modifications to the rules of practice for IPR petitions and considers what practitioners need to know
News of the EUIPO launching a GI protection system, and WIPO publishing a review of the UDRP were also among the top talking points
A team from Addleshaw Goddard secured victory for the changing robe brand, following a trial against competitor D-Robe
Bird & Bird, Brinkhof and Bardehle Pagenberg were successful at the Court of Appeal, while there was a partial victory for Amazon in a case concerning audio recordings
Following the anniversary of Venner Shipley and AA Thornton's merger, Ian Gill recalls the initial trepidation about working for his spouse and offers tips for those who may find their personal and professional worlds colliding
Gift this article