Where do you stand on 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

Where do you stand on plain packaging?

Are tobacco companies part of an old-school IP camp? What’s the correct car-related analogy for an IP right you own, but whose use is restricted? Are plain packaging rules akin to environmental regulations that prevent the development of land and thus reduce the value of a plot?

These are some of the knotty commercial and legal questions being discussed on a LinkedIn post. They are in response to a story on Managing IP about Philip Morris’s legal strategy to oppose the UK government’s plans to force cigarette makers to sell their products in standardised packaging.

Responses from lawyers and IP consultants highlight the split in the profession about the IP objections raised by tobacco companies in their fight against plain packaging.

“While I don’t believe smoking should be prohibited, it is a major public health issue. But not, in my mind, an IP issue,” writes Melbourne-based IP consultant Mike Lloyd.

“Trying to apply a property argument for basically spin-control is starting to push the comfort boundaries of disinterested professionals,” adds IP broker Lawrence Lau, explaining why he believes that IP organisations seem reluctant to throw their weight too firmly behind the anti-plain packaging campaigners.

But New York-based IP lawyer Barry Krivisky suggests that plain packaging rules amount to a total prevention of use of a trade mark. “If you have a registration for a logo mark, but are prohibited from using it, what besides a trademark office piece of paper or record do you own?”

This amounts to a taking by the government, he says, and tobacco companies should, at the least, be compensated for it.

Lau responds with a smoking-related metaphor: “Only if they want to first cough up the money to offset for the negative health externalities.”

You can join in the debate below, or on the IP Pro group on LinkedIn.

more from across site and SHARED ros bottom lb

More from across our site

Sheppard has added quantum and robotics expertise to its AI industry team to help clients navigate questions around inventorship and IP infringement
The 2026 Americas ceremony recognised outstanding firms and practitioners, along with highlighting impact cases of the year
A development concerning Stephen Thaler’s AI copyright application in India and an integration between IPH group firms were also among the top talking points
As concerns around the little-known litigation tool increase, practitioners say they are educating their clients on how it can be most effective
Kilburn & Strode and Mewburn Ellis are just two firms that have invested heavily in office space – a sign that the legal industry is serious about in-person working
In major recent developments, Dyson snagged another win against Hong Kong-based competitor Dreame and a new AI-powered UPC platform was launched
Mohit and Sidhant Goel decided not to pursue an interim injunction application so that their client, Communications Components Antenna, could benefit from a fast-track trial
Anita Cade, head of Ashurst’s IP and media team in Australia, discusses why law firms that can pull together capability across different practice areas and jurisdictions stand to gain
INTA’s CEO says London-based firms have registered fewer delegates compared to past meetings in San Diego and Atlanta, and questions the 'ethics' of trying to participate without registering
Lobbies and interest groups are among the interveners in a major dispute over whether courts can set patent pool rates
Gift this article