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

Nick Aries and Elizabeth Louca at Bird & Bird unpick the legal questions raised by a very public social media spat concerning the ‘Brooklyn Beckham’ trademark
Michael Conway, who joined Birketts after nearly two decades at an IP boutique, says he was intrigued by the challenge of joining a general practice firm
The private-equity-backed firm said hires from DLA Piper and Eversheds Sutherland will help it become the IP partner of choice for innovative businesses
The acquisition is expected to help Clorox bolster its position in the health and hygiene consumer products market
AIPPI, which has faced boycott threats over the 2027 World Congress, says it has a long-standing commitment to engagement and geographic rotation
The shortlist for our annual Americas Awards will be published next month, with potential winners in more than 90 categories set to be revealed
News of Nokia signing a licensing deal with a Chinese automaker and Linklaters appointing a new head of tech and IP were also among the top talking points
After five IP partners left the firm for White & Case, the IP market could yet see more laterals
The court plans to introduce a system for expert-led SEP mediation, intended to help parties come to an agreement within three sessions
Paul Chapman and Robert Lind, who are retiring from Marks & Clerk after 30-year careers, discuss workplace loyalty, client care, and why we should be optimistic but cautious about AI
Gift this article