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

The court plans to introduce a system for expert-led SEP mediation, intended to help parties come to an agreement within three sessions
Paul Chapman and Robert Lind, who are retiring from Marks & Clerk after 30-year careers, discuss workplace loyalty, client care, and why we should be optimistic but cautious about AI
Brantsandpatents is seeking to boost its expertise across key IP services in the Benelux region
Shwetasree Majumder, managing partner of Fidus Law Chambers, discusses fighting gender bias and why her firm is building a strong AI and tech expertise
Hady Khawand, founder of AÏP Genius, discusses creating an AI-powered IP platform, and why, with the law evolving faster than ever, adaptability is key
UK firm Shakespeare Martineau, which secured victory for the Triton shower brand at the Court of Appeal, explains how it navigated a tricky test regarding patent claim scopes
The firm’s managing partner said the city is an ‘exciting hub of ideas and innovation’
In our latest podcast, Deborah Hampton talks through her hopes for the year, INTA’s patent focus, London 2026, and her love of music
Tech leads at three IP service groups discuss why firms need to move away from off-the-shelf AI products and adopt custom solutions
IP firms say they have been educating some clients on AI use, with ‘knowledge-sharing’ becoming more prevalent
Gift this article