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 2026

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

With genuine equity at IP firms becoming rarer, securing partnership is harder than ever, but increased transparency is also making climbing the ladder more predictable
Yossi Sivan explains how Israeli judgment is a pro-brand owner departure from the norm and why it sends a strong message that corporate structures are not always a shield
Halim Shehadeh, group CEO of IP firm CWB, says that in the rush to discuss what AI can do, IP firms are overlooking the more important question of whether they are ready
Caitlin Heard, who formally joined the firm from CMS last month, says she is excited by the ‘energy’ of the London office
Ranjna Mehta-Dutt, who moved to Chadha & Chadha after 25 years at Remfry & Sagar, says the firm plans to expand its life sciences practice through targeted recruitment and dedicated teams for bigger clients
The initial contempt of court claim targeted Stobbs and the firm’s client for allegedly interfering with the administration of justice
Acquisition of platform developed by Boehmert & Boehmert lawyer set to create a combined platform for patent drafting and prosecution in Europe
Partner Rob Jacob unveils plans to offer a beginning-to-end trademark service, how to make prosecution profitable, and why IP ‘buy-in’ from the CEO stands the firm in good stead
Attorneys at Di Blasi, Parente & Associados share how the protection of trade secrets strengthens innovation by bringing together legal practice, regulatory developments, and established international references
Jin Ooi, who joins as a partner today, said he is excited to offer a ‘rounded’ IP service as the firm deepens its litigation expertise in the UK and Europe
Gift this article