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 2025

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

Niri Shan, the newly appointed head of IP for UK, Ireland and the Middle East, explains why the firm’s international setup has brought UPC success, and addresses German partner departures
Vlad Stanese joins our ‘Five minutes with’ series to discuss potentially precedent-setting trademark and copyright cases and his love for aviation
Heath Hoglund, president of Via LA, discusses how it sets royalty rates and its plans to build on growth in China
Stobbs stands accused of interfering with the administration of justice after Brandsmiths’ client was subjected to an interim injunction for unjustified threats
The firm, known for its prosecution expertise, discusses its plans following the appointment of a UK-based patent litigation head and two new partners
Ed White at Clarivate provides an exclusive insight into the innovation power clusters reshaping Europe and the Middle East’s IP landscape, and why quality is the new currency of invention
In the first in a new podcast series celebrating the tenth anniversary of IP Inclusive, we look back at the network’s origins and discuss its mission
Rebecca Schwarz at Haynes Boone shares how her team secured victory for biopharma client RedHill in a licensing dispute involving a developmental cancer drug
News of a breakaway firm launching in Germany and a spike in vaccine-related patent applications were also among the top talking points
A flurry of hiring activity among UK firms suggests they are confident of mounting a serious challenge at the UPC
Gift this article