Concern over plain packs

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

Concern over plain packs

Panelists at a session on plain packaging at the INTA Annual Meeting were united in their concern about the impact of standardized packaging on trademarks and trademark owners

“Plain packaging is the most restrictive subset of standardized packaging,” said Paul Kilmer of Holland & Knight. “The government takes over the whole pack and dictates how—or if—the trademark can be used.”

Trevor Stevens of Davies Collison Cave outlined Australia’s experience of plain packaging rules for tobacco, introduced over one year ago. “There was considerable political mileage in taking on big tobacco. It was a win-win situation for the government.” But he questioned whether the law met the TRIPS Agreement criteria of being necessary and justifiable, given that rates of smoking were already falling in the country.

Myrtha Hurtado Rivas of Novartis Pharma explained how strict regulations require pharmaceutical companies to provide patient information on their packaging. “That trade dress deserves protection,” she said. When it comes to new laws to regulate packaging, Hurtado Rivas wondered aloud: “Who is going to tell us how far is too far?”

more from across site and SHARED ros bottom lb

More from across our site

US patent lawyers say they are increasingly advising clients on China strategies as corporations seek to gain leverage in enforcement, licensing, and supply chain management
Mike Rueckheim reunites with 12 of his former Winston & Strawn colleagues as King & Spalding continues aggressive hiring streak
As global commerce continues to expand through e-commerce platforms and digital marketplaces, protecting brands has become a growing challenge for organisations worldwide. Counterfeiting, intellectual property infringement, and online brand abuse are increasing across industries, making brand protection strategies a critical priority for businesses.
Henrik Holzapfel and Chuck Larsen of McDermott Will & Schulte explain why a Court of Appeal ruling could promote access to justice and present a growth opportunity for litigation finance
A co-partner in charge says the UK prosecution teams are a ‘vital’ part of the firm’s offering, while praising a key injunction win
A team from White & Case has checked in on behalf of Premier Inn Hotels in a UK trademark and passing off case against a cookie brand
Litigation team says pre-trial work and a Section 101 defence helped significantly limit damages payable by ride-sharing firm Lyft in patent case
News of Avanci hiring a senior vice president and the EPO teaming up with a French AI startup were also among the top talking points
Explosm, the independent Texas studio behind the hit webcomic Cyanide & Happiness, partnered with Temu’s IP protection team to combat counterfeiters infringing on its brand
The latest in a dispute over juicing machines, and a shakeup in judicial compositions were also among the top developments
Gift this article