Australia hit by WTO action over plain packaging

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

Australia hit by WTO action over plain packaging

Ukraine has launched legal proceedings at the WTO over Australia’s plans to force tobacco companies to sell cigarettes in plain packs

Yesterday Ukraine’s representative in Geneva requested consultations with Australia. This is the first step in a legal dispute at the trade body.

The Ukrainian government argues that Australia's Tobacco Plain Packaging Act 2011 and its Trade Marks Amendment (Tobacco Plain Packaging) Act 2011 violate the TRIPs Agreement and GATT, the umbrella agreement covering trade in goods.

Questions about the compatibility of TRIPs with Australia’s new plain packaging law were discussed at the last meeting of the TRIPs Council in February. The issue of tobacco packaging was placed on the agenda by the Dominican Republic.

At previous meetings, a number of WTO member states, including the Ukraine, Mexico, Nigeria, Cuba, Honduras and Zimbabwe, have argued that the law will violate Australia’s obligations under the TRIPs Agreement by preventing cigarette and cigar companies from using their trade marks.

Representatives from a number of other countries have argued that they should be able to use the flexibilities in TRIPs for public health purposes.

Australia’s parliament passed the government’s plain packaging legislation in November. The legislation was split into two bills – Tobacco Plain Packaging Bill 2011 and Trade Marks Amendment (Tobacco Plain Packaging) Bill 2011.

Tobacco companies have consistently argued that the legislation breaches Australia’s commitments under the TRIPs Agreement, violates the country’s constitution and will make it easier for cigarette packets to be counterfeited.

Managing IP will have more analysis of the dispute later this week.

more from across site and SHARED ros bottom lb

More from across our site

Tatiana Campello reflects on 30 years of practising at the firm, and urges women IP attorneys to think beyond the day-to-day
A David v Goliath battle involving TikTok, and Via Licensing Alliance adding new members to its Voice Codec patent pool, were also among the top talking points
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
Gift this article