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 2026

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

Cookies Settings

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1) Plain and highly standardized packaging measures being considered or imposed by governments should be rejected or repealed since they violate various international treaties and national laws on trademark protection including provisions of the Paris Convention, the Technical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

Earlier this month, Managing IP had exclusively reported that the French arm of Taylor Wessing was minded to pull out of the deal
Our latest podcast examines how Weil’s IP practice evolved, where its practitioners could (and will) go next, and which firms and markets stand to benefit from the redistribution of talent
Former Latham partner Chris Henry and transactions lawyer Liza Cotter are heading to the firm as Weil’s IP practice starts to disperse
Rival IP teams return to court for a closely watched appeal over AI and copyright, but observers hoping for answers to some of the technology’s biggest legal questions may be left disappointed
Eight years after its launch, members of the Australian patent firm’s Singapore office explain its growth strategy over the past year
Lawyers at Bowmans Kenya discuss the digital blind spots posed by the transition from physical ledgers to cloud databases and digital co-development models
The Powell Gilbert co-founder discusses the confidence required to launch a firm, building an enduring patent litigation practice and why developing the next generation has changed her measure of success
Cabinet M Oproiu’s Raluca Vasilescu explains why AI is changing what clients expect from patent attorneys, where the technology is overhyped and what the next generation will need to do differently
As clients demand more flexible fees and AI-driven efficiencies, IP firms are rethinking pricing without abandoning the value of their work
HG Law was formed largely by ex Fish & Neave lawyers who left after the latter's merger with Ropes & Gray; now those experiences are shaping its latest combination
Gift this article