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

Former professional cricketer Ben Scott talks through the challenges of building a legal tech platform, transitioning from sportsman to entrepreneur and why he believes he has found a gap in the market
The benefits of offering a range of services, innovative enforcement approaches, and gradual AI adoption are all helping SyCip Salazar Hernandez & Gatmaitan develop its IP offering
Nick Redfearn, head of enforcement at Rouse and a classic car enthusiast, explains the sudden viral appearance of classic car restomod parts from China and the impact of IP in this new trade
Our 2026 rankings for Western Europe, taken with historical data, reveal that some European IP markets hardly change – while others are more fluid
Selina Hinchliffe, head of commercial services at Shakespeare Martineau, reflects on rejecting Cambridge, leading through empathy, and why authenticity matters more than fitting in
US corporates are using the UPC, but much of that work still flows to European boutiques. Last week’s merger, as well as others, could alter that dynamic
Publicly listed Australian group IPH delivered on its promise to profoundly shake up the Canadian market. Four years on, rivals have had time to adapt
IP practitioners debate whether new guidelines will make it more difficult to challenge a patent
Varuni Paranavitane says she is excited to bring ‘rounded expertise’ to the firm, which will have a solicitor in its ranks for the first time
Lawyers adapting to AI-driven recommendations are being pushed to demonstrate expertise publicly rather than simply relying on a polished website
Gift this article