The Significant Impact of Plain Packaging and Brand Restrictions on IP Rights – Heading into the Abyss?

While at the INTA leadership meeting in Washington, D.C., Anne Desmousseaux has attended a conference with a panel of experienced IP practitioners and industry experts, that considered the ramifications of the draconian Plain Packaging Regulations currently peppering various countries and whether this approach from the authorities affects other industries and IP rights. The discussion highlighted:

• The relevant case law, with an emphasis on the plain packaging judgments decided to date, particularly in Australia and the EU, and its ramifications.

• The balancing act between regulatory authorities, trademark owners, and the interests of the public at large.

• The state of play on the global stage with respect to brand restrictions.

• The impact of these restrictions and whether they are working or not. Will the lack of IP negatively affect public health and will unbranded or brand-restricted products lead to an increase in compromised products?