This document discusses plain packaging laws for tobacco products. It provides information on plain packaging regulations in Australia, which was the first country to implement plain packaging of tobacco products. The key objectives of plain packaging are to reduce the appeal of tobacco brands, especially to youth, and increase the effectiveness of health warnings on tobacco packaging. The document also discusses India's Tobacco Plain Packaging Act and trademarks related to tobacco products under Indian law.

1. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
PLAIN PACKAGING
LAWS
SUCHITRA BAI
PATENT DEPARTMENT
ALTACIT GLOBAL

2. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
INTRODUCTION
• Plain packaging is the standardization of
packaging, including the removal of all
colours, brand imagery, logos and trademarks,
with only brand name, product name,
manufacturer's name and contact details,
quantity of product and government-mandated
information or markings allowed, in
prescribed font and size, on or inside
packaging, and packaging of prescribed
shape, size and materials.

3. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
TYPES OF TOBACCO
a. Bidi: A bidi is made of rolling a dried, rectangular piece or
temburni leaf with 0.15-0.25g of sun-dried, flaked tobacco
into a conical shape and securing the roll with a thread.
b. Betel Leaves: are an indispensable part of paan. The betel vine
is a creeper and it is often grown next to areca-nut trees which
provide support or on wooden scaffoldings.
c. Gutka: A preparation on crushes areca nut, tobacco, catechu,
paraffin, lime and sweet or savory flavorings consumed much
like chewing tobacco.
d. Hookah: An Indian water pipe.
e. Khaini: A mixture of sun-dried tobacco and slaked lime.
f. Paan: Betel Quid.

4. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
BENEFITS OF PLAIN PACKINGING
i. Reduce false beliefs about the Brand:
Generally colours contribute to the perceptions that
particular brands are safer than others. For instance,
over 8000 smokers from Australia, Canada, the United
Kingdom and the USA found that many believed that
"some cigarette brands could be less harmful than
others. Smokers of brands with "˜gold', "˜silver', "˜blue'
or "˜purple' coloured packaging were more likely to
believe that their "˜own brand might be a little less
harmful' compared to smokers of "˜red' or "˜black'
brands.

5. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
ii. Reduce the brand appeal among youth and young
adults:
Plainer packs were thought to be less stylish and
sociable, with users of the pack being held in lower
regard. The perceptions of young people involving the
progressive removal of elements of pack creative
design have found that the plainer a pack, the less
appealing the pack was.
iii. Increase the effectiveness of health warnings:
Plain packaging is likely to enhance the impact of the
graphic health warnings that are currently mandated for
all tobacco product packaging.

6. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
iv. Educate the public about the burden
of tobacco consumption:
Education in terms of disease and deaths
caused by intake of tobacco and how
plain packaging can assist in
significantly reducing the burden.

7. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
AUSTRALIA SUCCEEDS
IN PLAIN PACKAGING
• Australia became the first country in
the world to require tobacco products
to be sold in plain packaging. Products
manufactured since October 2012, and
all on sale since 1 December 2012
must be plain packaged.

8. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
LEGISLATIONS IN
AUSTRALIA
• The Tobacco Plain Packaging Act,
2011
• Trade Marks Amendment (Tobacco
Plain Packaging) Act, 2011

9. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
TOBACCO PLAIN
PACKAGING ACT 2011
• On 15 August 15 2012 the High Court
of Australia rejected a challenge to the
plain packaging legislation that was
lodged by a number of tobacco
companies. The companies had argued
that the provisions of the Tobacco Plain
Packaging Act 2011 were invalid
because they were an acquisition of the
plaintiffs' property otherwise than on
just terms.

10. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
THE CIGARETTES AND OTHER TOBACCO PRODUCTS
(PROHIBITION OFADVERTISEMENT AND
REGULATION OF TRADE AND COMMERCE,
PRODUCTION, SUPPLYAND DISTRIBUTION) ACT, 2003
An Act to prohibit the advertisement
of, and to provide for the regulation of
trade and commerce in, and
production, supply and distribution of,
cigarettes and other tobacco products
and for matters connected therewith or
incidental thereto.

11. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
KEY OBJECTS OF COTPA
• The requirement of legible and conspicuous display of pictorial
warnings including pictorial warnings with the text of the
warning to be in the same language as that used on the package.
(Section 7)
• Direct and Indirect advertisements of tobacco products except at
point of sale and on tobacco packages were prohibited. (Section
5)
• Gifts, prizes, scholarships or sponsorships of sports or other
cultural events using the trademark were prohibited.
• Clear Indication of tar and nicotine content, as well as the
maximum permissible limits as per the Rules prescribed under
this Act were required.
• Various prohibitions on the sale of tobacco to and by minors, the
prohibition of the sale or tobacco within a 100 yard radius of
educational institutions and the prohibition of smoking in public
places were instituted.

12. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
TRADEMARK IN INDIA
AND PLAIN PACKAGING
• India gives the rights to Trademark
use as a negative rights - which means
that no-one else can use a copyrighted
trademark. Section 11 of the Trade
Marks Act provides that a Trademark
cannot be registered if it violates an
existing law and no form of any
tobacco product can be given
preferential treatment in this process.

13. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
SHIVAJI BIDI
• Brand Shivaji Bidi was registered in
1928, but it was cancelled under
section 8 of the Emblems and Names
(Prevention of Improper Use) Act
1950.

14. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
TRIPS AGREEMENT
• Members may, in formulating or
amending their laws and regulations
adopt measures necessary to protect
public health and nutrition and to
promote the public interest in sectors of
vital importance to their socio-economic
and technological development,
provided that such measures are
consistent with the provisions of this
agreement.

15. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
THE FRAMEWORK CONVENTION
ON TOBACCO CONTROL (FCTC)
The Framework Convention on Tobacco Control (FCTC)
Guidelines for Articles 11 and 13, adopted in November
2008, recommend Parties consider adopting plain packaging.
• Guidelines for implementation of Article 11 (Packaging and
labelling of tobacco products)
“Parties should consider adopting measures to restrict or
prohibit the use of logos, colours, brand images or
promotional information on packaging other than brand
names and product names displayed in a standard colour and
font style (plain packaging).”
• Guidelines for implementation of Article 13 (Tobacco
advertising, promotion and sponsorship)
“Parties should consider adopting plain packaging
requirements to eliminate the effects of advertising or
promotion on packaging.”

16. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
COUNTRIES ADOPTING THE
PLAIN PACKAGING LAW
•United Kingdom.
•New Zealand.
•South Africa.
•Philippines.
•Turkey.
•France.
•Canada.
•European Union.
•Norway.

17. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
WHO’S RESPONSE
The World Health Organization applauded Australia’s law
on plain packaging noting that “the legislation sets a new
global standard for the control of a product that accounts
for nearly 6 million deaths each year”. The Cancer Council
of Australia hailed the passing of the legislation, stating,
“Documents obtained from the tobacco industry show how
much the tobacco companies rely on pack design to attract
new smokers....You only have to look at how desperate the
tobacco companies are to stop plain packaging, for
confirmation that pack design is seen as critical to sales.“
The World Health Organization's director for the Western
Pacific also congratulated Australia and stated that all
countries and areas in the Western Pacific should follow
Australia's good example.

18. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONCLUSION
• Plain Packaging requires the manufacturers of
tobacco products to substantially tone down
misleading branding activity. It helps
consumers of such products to focus on the
reality of the dangers of the product through
the accentuated effects of pictorial warnings.
This is particularly relevant for India's largely
poor and illiterate tobacco consuming
population. Many of India's tobacco
consumers are completely unaware of the
dangers of tobacco products.
•

19. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
THANK YOU