Australia prepares to defend 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

Australia prepares to defend plain packaging

The Australian government has promised to defend the country’s new law on plain packaging for tobacco products against attacks at the World Trade Organisation

Last week the Ukraine filed a request for consultations with Australia, claiming the introduction of plain packaging laws was inconsistent with Australia’s obligations under the TRIPs Agreement. The request is the first step in a legal dispute at the trade body.

A spokesman from Australia’s Permanent Mission to the WTO told Managing IP by email that Australia will participate in the consultations with Ukraine in a constructive manner but that it is prepared to defend any challenge that might result from them.

A number of other members of the TRIPs Council have previously expressed their concern about the impact of Australia’s new law on the sale of tobacco products and the rights of IP owners to distinguish their brands. They include Mexico, Nigeria, Cuba, Honduras and Zimbabwe. But to date none have notified the WTO of their intent to join the dispute.

The Australian government spokesman said that Australia is pursuing tobacco plain packaging as a public health measure and is confident that these measures are consistent with Australia’s WTO obligations. He added that a number of countries have expressed support for its right to take legitimate public health measures, both in the WTO Committee on Technical Barriers to Trade and the TRIPS Council.



more from across site and SHARED ros bottom lb

More from across our site

With the INTA Annual Meeting drawing to a close, we asked attendees for their top tips on how to close business after a meeting
Senior UK judges discussing the impact of AI on the judiciary, and the role of in-house IP lawyers during corporate transactions and carve-outs were among the top talking points
Tarun Khurana, founding partner of Khurana & Khurana, discusses juggling tasks, why every hour has a value, and the importance of ‘trusting the process’
Annual Meeting hears that IP firms are targeting hires with technical literacy in a fragmented landscape, and that those that build an online presence will distinguish themselves from the digital chaos
How law firms can secure themselves in a technology-driven IP landscape and how IP teams can develop future leadership were among the top talking points
The variety of winners demonstrates that the UPC is now a core benchmark rather than an experimental consideration, while junior lawyers are becoming more deeply involved in key work
The Indian government announcing a fee waiver for sports-related IP registrations, and the US adding the EU to its IP 'watch list' were also among major developments
Sources say the judge could return to a disputes or mediation-focussed role, though others have questioned whether the Texas court will remain a litigation hotspot in his absence
Sheppard, which has hired 14 IP partners in the last 12 months, has cited client demand for expert counsel in SEP, ITC, and district court disputes
Tingxi Huo joins our ‘Five minutes with’ series to discuss boosting the value of clients’ IP and the importance of reflection
Gift this article