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

Judge Alan Albright is to leave his role at the Western District of Texas, and could return to private practice
Stobbs has successfully seen off a contempt of court application filed against the firm and two of its lawyers
After almost a quarter of a century, Marshall Gerstein has a new managing partner
Abbott winning another round against Sinocare and Menarini, and 'long arm' clarification on the UK's position within the UPC, were also among major developments
Maria Peyman, head of IP at Birketts, explains why the firm is adopting a ‘seamless approach’ for clients by integrating two of its practice areas
Matthew Swinn, who leads the firm’s IP practice, discusses why Mallesons is well-placed to remain a major IP force
Lawyers at A&O Shearman analyse developments regarding UPC’s long-arm jurisdiction, including its scope and jurisdictional limits
Michelle Lee discusses reaching milestones at the USPTO, AI’s role in legal work, and how to empower women in tech and IP
Executive chair Matt Dixon, who reveals a new associate hire, says the firm wants to offer a realistic pathway to partnership while avoiding the ‘corporate machine’ route
Mayer Brown’s role in cardiovascular technology dispute reflects how firms are pursuing precedent-setting cases to try and guide AI and patent law
Gift this article