WTO set to hear plain packaging dispute

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

WTO set to hear plain packaging dispute

The international lines have been drawn in the battle over Australia’s decision to force tobacco companies to present their products in plain packaging

On Friday the WTO’s Dispute Settlement Body agreed to set up a panel to consider whether the Australian law breaches the trade body’s IP rules and violate the Agreement on Technical Barriers to Trade.

The request for a panel was made by Ukraine, which told the Dispute Settlement Body that Australia’s measures “erode the protection of intellectual property rights” and “impose severe restrictions on the use of validly registered trademarks”.

But Australia found support from New Zealand, Norway and Uruguay. The South American country said that it could not remain silent in this fight against “the most serious pandemic confronting humanity”.

Ukraine has backing from a number of tobacco-producing countries: Zimbabwe, Honduras, Dominican Republic, Nicaragua and Indonesia.

Members that asked to exercise third-party rights in the dispute were: Uruguay, New Zealand, Norway, Zimbabwe, Honduras, Dominican Republic, Zambia, Nicaragua, Indonesia, United States, Chinese Taipei, Turkey, Oman, Japan, the EU, Philippines, Ecuador, Korea, India, Brazil, Argentina, Singapore, Guatemala and Canada.

Read more about the timetable for the plain packaging dispute here.

more from across site and SHARED ros bottom lb

More from across our site

Colm Murphy says he is keen to help clients navigate cross-border IP challenges in Europe
With 2025 behind us, US practitioners sit down with Managing IP to discuss the major IP moments from the year and what to expect in 2026
Large-scale transatlantic mergers will give US entities a strong foothold at the UPC, and could spark further fragmentation of European patent practices
This year’s most-read stories covered uncertainty at the USPTO, a potential boycott of a major international IP conference, rankings releases, and a contempt of court proceeding
The parties have agreed on a court-guided settlement covering Pantech’s entire SEP portfolio, marking a global first
The introduction of Canada’s patent term adjustment has left practitioners sceptical about its value, with high fees and limited eligibility meaning SMEs could lose out
With the US privacy landscape more fragmented and active than ever and federal legislation stalled, lawyers at Sheppard Mullin explain how states are taking bold steps to define their own regimes
Viji Krishnan of Corsearch unpicks the results of a survey that reveals almost 80% of trademark practitioners believe in a hybrid AI model for trademark clearance and searches
News of Via Licensing Alliance selling its HEVC/VCC pools and a $1.5 million win for Davis Polk were also among the top talking points
The winner of a high-profile bidding war for Warner Bros Discovery may gain a strategic advantage far greater than mere subscriber growth - IP licensing leverage
Gift this article