INTA Board approves plain packaging resolution

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

INTA Board approves plain packaging resolution

plainpack-sample.jpg

The INTA Board of Directors yesterday approved a policy resolution from the Limits on Trademark Use Subcommittee of the Emerging Issues Committee. The resolution sets forth INTA’s position regarding restrictions on trademark use through plain and standardized product packaging.

INTA’s concern is with various governments enacting or considering enacting plain packaging legislation. The resolution says such legislation is detrimental to consumers, trademark owners and competition.

INTA’s position is that:

  1. 1) Plain and highly standardized packaging measures being considered or imposed by governments should be rejected or repealed since they violate various international treaties and national laws on trademark protection including provisions of the Paris Convention, the Technical Barriers to Trade Agreement, and TRIPS.

  2. 2) Governments should use less drastic alternatives to address health and safety goals, such as public educational campaigns which do not violate international and national law and expropriate valuable trademark rights.

INTA submitted an amicus brief in the cases pending at the World Trade Organization (WTO) over Australia’s plain packaging legislation. So far, most of the debate around plain packaging has focused on tobacco but there are concerns the focus will be widened.

“The issue is not about specific products,” INTA CEO Etienne Sanz de Acedo told the INTA Daily News. “What is a concern is: where are we going? Today it is tobacco. Tomorrow it could be alcoholic beverages or confectionery. Any legislation should be in agreement with international treaties and should recognize the right of property in trademarks. Moreover, removing the branding could make counterfeiting easier.”

The INTA Board also approved another policy resolution yesterday—“A ‘Material Differences’ Standard for International Exhaustion on Trademark Rights.”

The resolution provides that:

  1. 1) National exhaustion of trademark rights in relation to the parallel importation of goods should be applied; and

  2. 2) In those countries that currently follow international exhaustion, and in which political or other conditions make it highly improbable that national exhaustion would be implemented, a “material differences” standard should be adopted in order to exclude parallel imports that are materially different from those products authorized for sale by the trademark owner in the domestic market.

The two resolutions were passed during the Board’s second quarterly meeting, in which it heard reports from various Board committees, including the Audit, Finance, Compensation & Benefits, Nominating and Planning Committees.

more from across site and SHARED ros bottom lb

More from across our site

News of Via Licensing Alliance selling its HEVC/VCC pools and a $1.5 million win for Davis Polk were also among the top talking points
The winner of a high-profile bidding war for Warner Bros Discovery may gain a strategic advantage far greater than mere subscriber growth - IP licensing leverage
A vote to be held in 2026 could create Hogan Lovells Cadwalader, a $3.6bn giant with 3,100 lawyers across the Americas, EMEA and Asia Pacific
Varuni Paranavitane of Finnegan and IP counsel Lisa Ribes compare and contrast two recent AI copyright decisions from Germany and the UK
Exclusive in-house data uncovered by Managing IP reveals French firms underperform on providing value equivalent to billing costs and technology use
The new court has drastically changed the German legal market, and the Munich-based firm, with two recent partner hires, is among those responding
Consultation feedback on mediation and arbitration rules and hires for Marks & Clerk and Heuking were also among the major talking points
Nick Groombridge shares how an accidental turn into patent law informed his approach to building a practice based on flexibility and balancing client and practitioner needs
Clarivate’s Ed White discusses the joy of measuring innovation and why patent attorneys are a special breed
National groups for the UK and the Netherlands have flagged concerns with the choice of venue, following a formal complaint from Australia’s national group
Gift this article