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

Amongst a sea of mergers, Lathrop GPM and HG Law have set out plans to combine, positioning themselves to compete with both IP boutiques and full-service firms
Patrícia Paias explains why she loves the science and business behind an idea and why potential rights owners must avoid the ‘file and forget’ philosophy
Lawyers eagerly await news of what IP specialist Sir Colin Birss will bring to one of the England and Wales judiciary’s most important roles
María Aurora García of Berken IP explains how intellectual property rights holders can use customs monitoring and online enforcement tools to identify parallel imports and support compliance with consumer protection rules
The Jakarta-based firm says personal networks and a distinctive strategy can help it guide foreign clients through what can be a tricky IP landscape
Munich litigation boutique formed by former Taylor Wessing partners continues expansion as it seeks to cement its position in the UPC market
Yvonne Tang and Siau Wen Lim, the second and third IP specialists to sit on the firm’s management committee, say IP is ‘uniquely positioned’ to support cross-practice work
As competing firms come under common ownership, clients may care less about formal conflicts and more about how openly firms discuss them
Facing increased lateral movement and in-house competition, firms are investing in flexible billing hours and tailored career progression to improve associate retention
As the US reflects on 250 years of independence, patent lawyers say innovation is reshaping old hiring priorities, with firms seeking broader IP expertise over specialisation
Gift this article