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 2025

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

Law firms are rethinking litigation strategies after USPTO director John Squires said he would take control of PTAB challenges
News of Singapore planning to streamline the licensing framework for foreign law firms and a partnership between Avanci and Xprize were also among the top talking points
In major recent developments, the court also ruled on another request concerning access to documents and appointed a new panel to the Court of Appeal
A new foundation in Chile is giving women in the IP community the mentorship, and visibility they’ve long lacked
The EUIPO is keen to stress the benefits of mediation as a means of resolving IP disputes, but do roadblocks remain?
Åsa Gustafson, global patent paralegal manager at Zacco, provides insight into the world of a paralegal, explains how she keeps abreast of legal developments, and reveals a passion for weaving
Alif Gultom and Andrew Diamond of Januar Jahja & Partners explain why Indonesia must adopt reforms against bad-faith filings and safeguard its trademark system for the future
In the third episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss the ‘Women in IP’ network and the current state of diversity within the profession
Practitioners, including two ex USPTO directors, say the Patent Eligibility Restoration Act could restore clarity and predictability to US patent law, though concerns remain
News of an alliance between two Malaysian law firms and the launch of a self-help video aimed at supporting IP professionals through menopause were also among the top talking points
Gift this article