Australia prepares to defend 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 prepares to defend plain packaging

The Australian government has promised to defend the country’s new law on plain packaging for tobacco products against attacks at the World Trade Organisation

Last week the Ukraine filed a request for consultations with Australia, claiming the introduction of plain packaging laws was inconsistent with Australia’s obligations under the TRIPs Agreement. The request is the first step in a legal dispute at the trade body.

A spokesman from Australia’s Permanent Mission to the WTO told Managing IP by email that Australia will participate in the consultations with Ukraine in a constructive manner but that it is prepared to defend any challenge that might result from them.

A number of other members of the TRIPs Council have previously expressed their concern about the impact of Australia’s new law on the sale of tobacco products and the rights of IP owners to distinguish their brands. They include Mexico, Nigeria, Cuba, Honduras and Zimbabwe. But to date none have notified the WTO of their intent to join the dispute.

The Australian government spokesman said that Australia is pursuing tobacco plain packaging as a public health measure and is confident that these measures are consistent with Australia’s WTO obligations. He added that a number of countries have expressed support for its right to take legitimate public health measures, both in the WTO Committee on Technical Barriers to Trade and the TRIPS Council.



more from across site and SHARED ros bottom lb

More from across our site

Ranjna Mehta-Dutt, who moved to Chadha & Chadha after 25 years at Remfry & Sagar, says the firm plans to expand its life sciences practice through targeted recruitment and dedicated teams for bigger clients
The initial contempt of court claim targeted Stobbs and the firm’s client for allegedly interfering with the administration of justice
Acquisition of platform developed by Boehmert & Boehmert lawyer set to create a combined platform for patent drafting and prosecution in Europe
Partner Rob Jacob unveils plans to offer a beginning-to-end trademark service, how to make prosecution profitable, and why IP ‘buy-in’ from the CEO stands the firm in good stead
Sponsored by CAS
CAS provides practical pointers on how intellectual property and R&D teams can work in tandem to unlock tangible benefits and avoid wasted spend
Sponsored by CAS
CAS explores how AI is transforming intellectual property, from inventorship and copyright disputes to new demands on patent attorneys
Sponsored by That.Legal
Gillian Tan of That.Legal discusses a recent decision by the Intellectual Property Office of Singapore and what it reveals about the evidential burden in bad-faith trademark claims
Attorneys at Di Blasi, Parente & Associados share how the protection of trade secrets strengthens innovation by bringing together legal practice, regulatory developments, and established international references
Jin Ooi, who joins as a partner today, said he is excited to offer a ‘rounded’ IP service as the firm deepens its litigation expertise in the UK and Europe
As generics celebrate, practitioners believe innovator companies should brace for an ‘uphill battle’ when trying to prove induced infringement
Gift this article