Australia hit by WTO action over plain packaging

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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

Australia hit by WTO action over plain packaging

Ukraine has launched legal proceedings at the WTO over Australia’s plans to force tobacco companies to sell cigarettes in plain packs

Yesterday Ukraine’s representative in Geneva requested consultations with Australia. This is the first step in a legal dispute at the trade body.

The Ukrainian government argues that Australia's Tobacco Plain Packaging Act 2011 and its Trade Marks Amendment (Tobacco Plain Packaging) Act 2011 violate the TRIPs Agreement and GATT, the umbrella agreement covering trade in goods.

Questions about the compatibility of TRIPs with Australia’s new plain packaging law were discussed at the last meeting of the TRIPs Council in February. The issue of tobacco packaging was placed on the agenda by the Dominican Republic.

At previous meetings, a number of WTO member states, including the Ukraine, Mexico, Nigeria, Cuba, Honduras and Zimbabwe, have argued that the law will violate Australia’s obligations under the TRIPs Agreement by preventing cigarette and cigar companies from using their trade marks.

Representatives from a number of other countries have argued that they should be able to use the flexibilities in TRIPs for public health purposes.

Australia’s parliament passed the government’s plain packaging legislation in November. The legislation was split into two bills – Tobacco Plain Packaging Bill 2011 and Trade Marks Amendment (Tobacco Plain Packaging) Bill 2011.

Tobacco companies have consistently argued that the legislation breaches Australia’s commitments under the TRIPs Agreement, violates the country’s constitution and will make it easier for cigarette packets to be counterfeited.

Managing IP will have more analysis of the dispute later this week.

more from across site and SHARED ros bottom lb

More from across our site

Leaders at the newly merged firm Jones Maxwell Smith & Davis reveal their plan to take on bigger firms while attracting more clients and talent
Charles Achkar, who will bring a team of two with him, said he was excited about joining ‘one of the few strong IP boutiques’
Andy Lee, head of IP at Brandsmiths and winner of the Soft IP Practitioner of the Year award, tells us why 2024 was a seminal year and why clients value brave advice
The deal to acquire MIP's parent company is expected to complete by the end of May 2025
Jinwon Chun discusses the need for vigilance, his love for iced coffee, and preparing for INTA
Karl Barnfather’s new patent practice will focus on protecting and enforcing tech innovations in the electronics, AI, and software industries
Partner Ranjini Acharya explains how her Federal Circuit debut resulted in her convincing the court to rule that machine learning technology was not patent-eligible
Paul Hastings and Smart & Biggar also won multiple awards, while Baker McKenzie picked up a significant prize
Burford Capital study finds that in-house lawyers have become more likely to monetise patents, but that their IP portfolios are still underutilised
Robert Reading and Faidon Zisis at Clarivate unpick some of the data surrounding music-related trademarks
Gift this article