Plain pack opponents make their case in TRIPs

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

Plain pack opponents make their case in TRIPs

Opponents of plain packaging have gone at the offensive at the WTO, urging countries considering tobacco plain packaging laws to wait until a decision has been taken in a dispute relating to Australia’s rules

At a meeting of the TRIPs Council in Geneva last week, the five counties that have filed complaints against Australia’s ground-breaking plain packaging laws – Ukraine, Honduras, Dominican Republic, Cuba and Indonesia, supported by Zimbabwe and Nicaragua – claimed that the law has not cut smoking levels in the country.

Ukraine said that Australia’s measure had not worked and was unlikely to work, and referred to the bill now before New Zealand’s parliament as well as reported plans for similar rules in Ireland, the UK, France and Finland. Support for plain packaging during the meeting came from New Zealand, Norway, Canada, Uruguay, the WHO and the EU.

Although the five complainants have urged other countries to delay their own plain packaging plans until the case against Australia is concluded, that is likely to take longer than originally envisaged.

Last month the chairperson of the panel set up to consider all five cases announced that the panel was now unlikely to issue its final report to the parties before the first half of 2016. It had originally been expected before the end of this year. Australia had earlier complained about delays in setting up the panel.

more from across site and SHARED ros bottom lb

More from across our site

Latham & Watkins bolstered its IP litigation bench in California with the addition of Kieran Kieckhefer, as partner demand for trial-ready expertise shows no sign of slowing
With the launch of a new patent eligibility AI tool, Sterne Kessler is leading a growing movement of law firms taking AI development into their own hands
UPC cases are (very) gradually becoming more distributed across other local divisions outside Germany, which can only be good news for the pan-European forum
Clarification concerning jurisdictional reach and latest stats released by the court were also among the top talking points in recent weeks
Although unanimous decision by the top court clarifies several aspects of the honest concurrent use defence, practitioners say ambiguities remain
Tristan Sherliker says he hopes to solve an access to justice issue by making the automated court bundle tool free to use
The team, comprising two partners and one senior consultant, plans to offer “highly differentiated” services to clients
HGF’s new ownership model frees it from the hiring constraints of traditional partnerships, its CEO told Managing IP
New timeline for 2026 aims to provide clearer guidance to firms and practitioners on the full jurisdictional market view
Attorneys contemplate whether clients using AI for legal guidance is beneficial to attorney-client relationships or more of a nuisance
Gift this article