Concern over plain packs

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

Concern over plain packs

Panelists at a session on plain packaging at the INTA Annual Meeting were united in their concern about the impact of standardized packaging on trademarks and trademark owners

“Plain packaging is the most restrictive subset of standardized packaging,” said Paul Kilmer of Holland & Knight. “The government takes over the whole pack and dictates how—or if—the trademark can be used.”

Trevor Stevens of Davies Collison Cave outlined Australia’s experience of plain packaging rules for tobacco, introduced over one year ago. “There was considerable political mileage in taking on big tobacco. It was a win-win situation for the government.” But he questioned whether the law met the TRIPS Agreement criteria of being necessary and justifiable, given that rates of smoking were already falling in the country.

Myrtha Hurtado Rivas of Novartis Pharma explained how strict regulations require pharmaceutical companies to provide patient information on their packaging. “That trade dress deserves protection,” she said. When it comes to new laws to regulate packaging, Hurtado Rivas wondered aloud: “Who is going to tell us how far is too far?”

more from across site and SHARED ros bottom lb

More from across our site

Firms with established sports relationships and specialised expertise are well positioned to capture the market’s expanded pool of IP work
Gunjan Paharia discusses developing RIA, an AI platform built to draw on decades of institutional knowledge, support junior lawyers, and reshape how legal teams work
A strong Canadian business helped lift profits, but the IP service group's latest results underline the pressure facing its operations in Australia, New Zealand and parts of Asia
Wins in court have been key to the six-year-old firm’s growth, as one of its founders explains
The firm’s co-CEO discusses patent litigation, collaboration with overseas colleagues and the next generation of leaders
Two recent decisions demonstrate the courts’ creativity in cutting-edge IP disputes that tested their jurisdictional powers
Aditi Verma Thakur, managing partner at Aishani Partners, discusses 5 am wake-ups, working with high-performing professionals and staying calm under pressure
After more than three decades at Wilson Sonsini, Ian Edvalson explains why he moved to expand his life sciences transactional practice
While individual lateral hires and full-scale mergers remain popular options to scale a firm’s IP practice, recent activity indicates that a third option is proving successful
Lead King & Spalding trial lawyer says that while this is the first IP litigation defence victory for DoorDash, it certainly won’t be the last
Gift this article