BACKGROUND
The function of a trademark
Trademarks are valuable intellectual property and their purpose is to identify and brand a product. A trademark may be one or a combination of words, letters, numerals, drawings, symbols, colours, or other aspects of packaging.
Plain packaging, also known as generic packaging
means that all forms of branding – trademarks, logos, colours and graphics – would be removed, except for the brand name, which would be presented in a uniform typeface for all brands on the market. All packs would be in a plain white, burlap brown or a similar neutral colour, except for the mandatory health warnings. The goal, according to proponents of plain packaging, is to make all packs look unattractive and make health warnings more prominent. Many others point out, however, that the evidence of the effectiveness of plain packaging is purely speculative and that implementation of plain packaging will create confusion, violate trademark rights and likely spur the growth of low price and illegal cigarettes, without actually reducing smoking rates.
Countries which have considered plain packaging
No country has implemented plain packaging. Canada and Australia considered it in the mid-1990s, but dropped the idea.
More recently, in early October 2009, the UK government rejected a proposal to consider plain packaging in conjunction with a tobacco control bill.