WTO set to hear plain packaging dispute

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

Cookies Settings

WTO set to hear plain packaging dispute

The international lines have been drawn in the battle over Australia’s decision to force tobacco companies to present their products in plain packaging

On Friday the WTO’s Dispute Settlement Body agreed to set up a panel to consider whether the Australian law breaches the trade body’s IP rules and violate the Agreement on Technical Barriers to Trade.

The request for a panel was made by Ukraine, which told the Dispute Settlement Body that Australia’s measures “erode the protection of intellectual property rights” and “impose severe restrictions on the use of validly registered trademarks”.

But Australia found support from New Zealand, Norway and Uruguay. The South American country said that it could not remain silent in this fight against “the most serious pandemic confronting humanity”.

Ukraine has backing from a number of tobacco-producing countries: Zimbabwe, Honduras, Dominican Republic, Nicaragua and Indonesia.

Members that asked to exercise third-party rights in the dispute were: Uruguay, New Zealand, Norway, Zimbabwe, Honduras, Dominican Republic, Zambia, Nicaragua, Indonesia, United States, Chinese Taipei, Turkey, Oman, Japan, the EU, Philippines, Ecuador, Korea, India, Brazil, Argentina, Singapore, Guatemala and Canada.

Read more about the timetable for the plain packaging dispute here.

more from across site and SHARED ros bottom lb

More from across our site

A former scientist, inventor and now a patent practice leader, Hanane Fathi Roswall shares her views on leadership, diversity, the rise of AI and the promise of the UPC
With rumours that a third IP judge could yet join the England and Wales High Court, we run through some potential names while practitioners outline the importance of a well-stocked bench
Speaking to Managing IP at Via’s Bridge Summit in San Francisco, president Kevin Mack explains why the AI infrastructure boom is forcing a rethink of traditional SEP licensing and FRAND models
Law firms continue to sell clients on international footprints, but sprawling office networks count for little if financial structures discourage internal collaboration
Via's Qi pool expands its footprint in Asia with the addition of Chinese smartphone giant and Japanese auto company
Matthew Cassie becomes the tenth partner to join the firm’s London outpost, and the second since it opened its new headquarters in May this year
A&O Shearman and Fish & Richardson invested in German talent, meanwhile, major firms have assembled for an on the merits case pitting KeeeX against OpenAI and Adobe
Julia Bishop is director of IP at Twilio in the US
Hellberg is an IP director at Essity in Sweden
Palińska is the business & IP law lead at CD Projekt Red in Poland
Gift this article