Amid proposals in the EU and Australia to restrict the branding of tobacco products, European Commissioner for Health and Consumer Policy, John Dalli identified “reducing the attractiveness of cigarettes” as being a key issue in discouraging smoking among young people.

Support for greater tobacco regulation is growing in the EU as both the UK and Scottish governments recently launched consultations on proposals to ban branding on tobacco products. It is believed by some groups that removing all branding on cigarette packaging will achieve the reduction of appeal of which Commissioner Dalli spoke.

Legislation introduced by the Australian government to ban branding on tobacco products is due to come into force on 1 December 2012. However the Australian legislation has been challenged in the High Court by several tobacco companies who have argued that their intellectual property rights would be infringed under such legislation.

Similar proposals in Europe have been met with criticism from several EU trade mark groups who voiced concerns over the risk of increased trading in counterfeit goods that plain unbranded packaging would facilitate. A press release signed by six major trade mark groups outlined their opposition to any legislation that precluded brand owners from making use of their trade mark rights. In the UK a consultation process is currently underway on the topic.

The decision of the Australian High Court will be highly anticipated by trade mark groups and EU governments considering the legality of similar legislation being adopted here in Europe.

Contributed by Leo Moore