What’s next for plain packaging?

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

What’s next for plain packaging?

Trademark practitioners have raised alarms about the threat that plain packaging laws pose to IP rights. In Monday’s Trademarks and Consumer Protection session, Myrtha Hurtado Rivas of Novartis argued that pharmaceuticals are already subject to similar restrictions.

“Even though medicines and tobacco have nothing in common … what we’re seeing from the regulators’ side is that they seem to be taking a similar approach,” she said.

Australia, which was one of the first countries to introduce plain packaging for tobacco, is once again involved. In November, its Therapeutic Goods Administration, the government body that regulates medicines, closed its public consultation on a draft of Order No. 79, which would impose new packaging and labeling limitations on pharmaceuticals. Like plain packaging for tobacco, Order No. 79 is intended to enhance public welfare. According to Hurtado Rivas, the draft Order would leave essentially no room for brand elements, rather as Australia’s plain packaging law has standardized cigarette packaging and eliminated logos and other elements such as color.

“Logos for pharmaceuticals will pretty much disappear if Order 79 goes through,” Hurtado Rivas warned.

Regulations in other countries also limit the use of trademarks on medicines. For example, many countries require that a molecule’s generic name, the International Nonproprietary Names for a molecule selected by the World Health Organization, be displayed on drug packaging in a certain-sized font. In some countries, the generic name of the molecule is actually bigger and more prominent than the trademarked brand.

Hurtado Rivas also warned the audience about Ecuador’s Decree 522, which was enacted in January. This requires off-patent drugs to be registered and sold as generic. Furthermore the label must clearly state that it is a generic medicine.

INTA’s Board of Directors on Saturday approved a resolution on plain packaging, saying it is detrimental to consumers, trademark owners and competition.

more from across site and SHARED ros bottom lb

More from across our site

Monetisation is standing at the forefront of patent development, and one firm says AI is increasingly being deployed
Data centres are being built across the US, prompting patent disputes, but Texas’s thriving tech industry and patent-ready courts make the state particularly ‘ripe’ for litigation
Carpmaels & Ransford is set to bolster its UK attorney team with the appointment of Simmons & Simmons’s head of IP in the UK
Updates on Nokia’s licensing strides and a surge in patent activity around battery recycling in Australia were also among the top talking points
To mark International Day Against Child Labour, Matteo Amerio at Corsearch says the people inside businesses who can identify counterfeiting risks must be given the tools and authority to act
With genuine equity at IP firms becoming rarer, securing partnership is harder than ever, but increased transparency is also making climbing the ladder more predictable
Yossi Sivan explains how Israeli judgment is a pro-brand owner departure from the norm and why it sends a strong message that corporate structures are not always a shield
Halim Shehadeh, group CEO of IP firm CWB, says that in the rush to discuss what AI can do, IP firms are overlooking the more important question of whether they are ready
Caitlin Heard, who formally joined the firm from CMS last month, says she is excited by the ‘energy’ of the London office
Ranjna Mehta-Dutt, who moved to Chadha & Chadha after 25 years at Remfry & Sagar, says the firm plans to expand its life sciences practice through targeted recruitment and dedicated teams for bigger clients
Gift this article