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

Public figures are turning to trademark protection to combat the threat of AI deepfakes and are monetising their brand through licensing deals, a trend that law firms are keen to capitalise on
News of Avanci Video signing its first video licence and a win for patent innovators in Australia were also among the top talking points
Tom Melsheimer, part of a nine-partner team to join King & Spalding from Winston & Strawn, says the move reflects Texas’s appeal as a venue for high-stakes patent litigation
AI patents and dairy trademarks are at the centre of two judgments to be handed down next week
Jennifer Che explains how taking on the managing director role at her firm has offered a new perspective, and why Hong Kong is seeing a life sciences boom
AG Barr acquires drinks makers Fentimans and Frobishers, in deals worth more than £50m in total
Tarun Khurana at Khurana & Khurana says corporates must take the lead if patent filing activity is to truly translate into innovation
Michael Moore, head of legal at Glean Technologies, discusses how in-house IP teams can use AI while protecting enforceability
Counsel for SEP owners and implementers are keeping an eye on the case, which could help shape patent enforcement strategy for years to come
Jacob Schroeder explains how he and his team secured victory for Promptu in a long-running patent infringement battle with Comcast
Gift this article