Amicus Brief

Australia—Measures Concerning Trademarks and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging

Published: April 22, 2015


World Trade Organization Dispute Settlement Panel

Our Position

The restrictions imposed by Australia’s Tobacco Plain Packaging Act 2011 (TPPA) on the use of trademarks and trade dress by the trademark owners impair the ability of the consumers to distinguish between brands and create the likelihood of confusion. Furthermore, these restrictions act as encumbrances which effectively require tobacco manufacturers to cease using most of the trademarks that they have legally registered in Australia. INTA submits that these plain packaging measures erode internationally protected IP rights under Paris Convention, TRIPS, the General Agreement on Tariffs and Trade 1994 (GATT) and the Agreement on Technical Barriers to Trade (TBT Agreement).