Position Paper on Plain Packaging

Position Paper on Plain Packaging

AmCham Croatia opposes the introduction of standardized (plain) packaging for tobacco products, arguing that it infringes intellectual property rights—especially the core functions of trademarks—disrupts the EU’s free movement of goods and the internal market, and conflicts with international commitments (TRIPS, TBT).

Banning brand elements on packs would undermine consumer recognition and origin guarantees, set a precedent for other sectors, and be anti-competitive by hindering market entry and share growth. AmCham also warns of a likely increase in illicit trade, citing Australia’s experience. While supporting the public-health goals of Ireland and the UK, it urges that decisions respect IP rights, internal-market rules, and international agreements, and that any measures be evidence-based and no more restrictive than necessary.

Key points (EN):

  • Plain packaging strips trademarks of their essential functions and infringes property rights.
  • It conflicts with the Community Trade Mark Regulation, distorts the single market, and restricts lawful cross-border trade.
  • Potential breaches of TRIPS (Art. 20) and TBT (Art. 2).
  • Risk of increased illicit trade benefiting illegal producers.
  • Calls on governments to reconsider the measure in light of IP, market effects, and the evidence base.