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1) Plain and highly standardized packaging measures being considered or imposed by governments should be rejected or repealed since they violate various international treaties and national laws on trademark protection including provisions of the Paris Convention, the Technical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

Armstrong Teasdale’s Jim Heinen Jr discusses the challenge of balancing billables, business development and family life and explains why not all patent lawyers are science nerds
From cross-border jurisdiction to the end of the transitional period, Powell Gilbert’s Ioana Sabau and Bryce Matthewson predict the biggest talking points ahead
A wave of office launches and lateral hires reflect the draw of patent disputes, but booming AI, semiconductor and data centre markets are offering an even bigger IP opportunity
The hire of Frederick Nicolle as a partner continues Pinsent Masons' expansion while reducing Simmons’ patent prosecution offering in London to zero
The expansion into Granada forms part of a national ‘decentralisation’ strategy focused on providing proximity to research and tech businesses away from traditional hubs
Three successive wins have got the firm eyeing additional opportunities as ITC work booms
While many firms remain focused on generative AI, recent hires and practice launches suggest the next battle may be for lawyers who understand how AI is moving into the physical world
The explosion of data centres has prompted patent pool operators to create new licensing opportunities
The court struck out copyright claims brought by Ladbrokes owner Entain, saying that ownership details should have been completed before litigation began
Düsseldorf has overtaken Munich as the UPC's busiest division, while firms including Winston Taylor, Clifford Chance, and Hoyng Rokh Monegier featured in disputes involving Abbott, Essity, Amazon and Hurom
Gift this article