Overview

At the start of February, the Government put forward a far-reaching new Tobacco Control Strategy for a “smokefree future”, parts of which have provoked an incensed response from tobacco manufacturers and retailers.

The most controversial plan, which the tobacco industry has vowed to oppose, is removing branding (other than brand name in a preset font and size) from cigarette packets. This could mean vast sums already spent on branding could be wasted, as a trade mark that can no longer be used is worthless.

The British Brands Group argue this would breach intellectual property laws and they may well have a point. Article 20 of the World Trade Organisation agreement Trade-Related Aspects of Intellectual Property Rights (TRIPS), to which the UK is party, states that: The use of a trademark in the course of trade shall not be unjustifiably encumbered by special requirements.

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