Plain Packaging: The Negative Nature Of Trade Mark Rights

Recent developments in the UK regarding plain-packaging requirements for cigarettes have again shone the spotlight on this contentious issue.

A while back, we reported on developments in Australia, where the country's Tobacco Plain Packaging Act, 2011 requires tobacco companies to sell their products in identical olive green packs, with graphic images reflecting the possible health consequences of smoking, and the brand name (sans logo) in very small script. The tobacco industry went to court on the issue and the Australian court ruled that the legislation was lawful. What was particularly interesting was that the court found that the legislation did not involve an acquisition of property – the argument had been raised that plain-packaging requirements essentially amount to an expropriation of IP.