Patents, Copyrights and Trademarks -- 2018



Australia - Certain Measures Concerning Trademarks   (World Trade Organization)

Challenging Australia's Plain Packaging Law

The NAM filed a letter with a World Trade Organization (WTO) adjudicative panel in support of challenges by various countries to Australia’s Tobacco Plain Packaging Act of 2011, which restricts the use of trademarks in marketing tobacco products and prohibits all distinctive elements of packaging. The consolidated cases were an effort to have Australia's law declared inconsistent with international trade agreements. Trademarks enable the public to identify and recognize goods or services, help companies associate their reputations with their products and are an effective mechanism to protect against counterfeiting and consumer deception. Our letter also explained why Australia cannot meet its substantial burden to demonstrate that the restriction is justified, since the measure will not contribute materially to its objectives and there are less restrictive means of achieving them. Unfortunately, the WTO panel held that the Australian law may continue to restrict trademark use in tobacco product marketing.