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

Lawyers at Simmons & Simmons look ahead to a UK Supreme Court hearing in which the court will consider whether English courts can determine FRAND terms when the licence is offered by an intermediary rather than an SEP owner
Firm says appointment of Jeremy Drew from RPC will help create ‘unrivalled IP powerhouse’, as it looks to shore up IP offering ahead of merger
Law firms are expanding their ITC practices to account for the venue’s growing popularity, and some are seeing an opportunity to collaborate with M&A teams
Erise IP has added a seven-practitioner trademark team from Hovey Williams, signalling its intention to help clients at all stages of development
News of prison sentences for ex-Samsung executives for trade secrets violation and an opposition filed by Taylor Swift were also among the top talking points
A multijurisdictional claim filed by InterDigital and a new spin-off firm in Germany were also among the top talking points
Duarte Lima, MD of Spruson & Ferguson’s Asia practice, says practitioners must adapt to process changes within IP systems, as well as be mindful of the implications of tech on their practices
Practitioners say the UK Supreme Court’s decision could boost the attractiveness of the UK for AI companies
New awards, including US ‘Firm of the Year’ and Latin America ‘Firm to Watch’, are among more than 90 prizes that will recognise firms and practitioners
DWF helped client Dairy UK secure a major victory at the UK Supreme Court
Gift this article