WTO set to hear plain packaging dispute

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

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

Leaders at the newly merged firm Jones Maxwell Smith & Davis reveal their plan to take on bigger firms while attracting more clients and talent
Charles Achkar, who will bring a team of two with him, said he was excited about joining ‘one of the few strong IP boutiques’
Andy Lee, head of IP at Brandsmiths and winner of the Soft IP Practitioner of the Year award, tells us why 2024 was a seminal year and why clients value brave advice
The deal to acquire MIP's parent company is expected to complete by the end of May 2025
Jinwon Chun discusses the need for vigilance, his love for iced coffee, and preparing for INTA
Karl Barnfather’s new patent practice will focus on protecting and enforcing tech innovations in the electronics, AI, and software industries
Partner Ranjini Acharya explains how her Federal Circuit debut resulted in her convincing the court to rule that machine learning technology was not patent-eligible
Paul Hastings and Smart & Biggar also won multiple awards, while Baker McKenzie picked up a significant prize
Burford Capital study finds that in-house lawyers have become more likely to monetise patents, but that their IP portfolios are still underutilised
Robert Reading and Faidon Zisis at Clarivate unpick some of the data surrounding music-related trademarks
Gift this article