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 2025

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

The five-partner team enhances Sheppard Mullin’s technology and life sciences capabilities, expanding its IP practice to more than 130 practitioners
In an exclusive interview, Rouse CEO Luke Minford, Arnold & Siedsma managing partner Steve Duxbury, and Wrays executive chairman Gary Cox discuss plans to build the world’s first ‘truly integrated’ global IP services business
Benjamin Grzimek, partner at Casalonga’s new Düsseldorf office, believes the firm is well-placed to challenge German UPC dominance
A lot of the reporting around the Anthropic settlement misses something critical: it isn’t that relevant to AI training, argues Rebecca Newman at Addleshaw Goddard
Justin Hill and Marie Jansson Heeks, part of an 18-strong team to have joined Crowell & Moring, explain why IP client advice must go beyond only being called upon for patent disclosure
To mark the EUIPO having processed five million EUTM and REUD applications, Managing IP speaks to the most prolific representatives to uncover how they stay at the top of their game
The merger marks Rouse’s second M&A deal within a month, and will provide access to Arnold & Siedsma’s UPC offering
Simon Tønners explains why IP provides the chance to work with some of the most passionate, risk-taking, and emotionally invested clients
The co-leaders of the firm’s new SEP practice group say the team will combine litigation and prosecution expertise to guide clients through cross-border challenges
Boasting four former Spruson & Ferguson leaders and with offices in Hong Kong and Singapore, the IP firm aims to provide fast, practical advice to clients
Gift this article