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

As concerns around the little-known litigation tool increase, practitioners say they are educating their clients on how it can be most effective
Kilburn & Strode and Mewburn Ellis are just two firms that have invested heavily in office space – a sign that the legal industry is serious about in-person working
In major recent developments, Dyson snagged another win against Hong Kong-based competitor Dreame and a new AI-powered UPC platform was launched
Mohit and Sidhant Goel decided not to pursue an interim injunction application so that their client, Communications Components Antenna, could benefit from a fast-track trial
Anita Cade, head of Ashurst’s IP and media team in Australia, discusses why law firms that can pull together capability across different practice areas and jurisdictions stand to gain
INTA’s CEO says London-based firms have registered fewer delegates compared to past meetings in San Diego and Atlanta, and questions the 'ethics' of trying to participate without registering
Lobbies and interest groups are among the interveners in a major dispute over whether courts can set patent pool rates
Benoit Geurts and Coreena Brinck will help the firm ‘accelerate its innovation agenda’, according to its managing partner
News of a trademark row over Taylor Swift’s ‘The Life of a Showgirl’ and Nokia’s expansion of its IoT licensing programme were also among the top talking points
IP attorneys share how the Cox v Sony ruling impacts their counselling strategies, and if the case could influence how courts may assess liability for AI platforms
Gift this article