In R (British American Tobacco UK Limited & Ors) v Secretary of State for Health, the High Court was asked to consider the lawfulness of the Standardised Packaging of Tobacco Products Regulations 2015. Similar measures were adopted in Australia in 2011.
The tobacco company claimants relied upon 15 grounds of challenge. The grounds included proportionality, deprivation of intellectual property rights contrary to the European Convention on Human Rights and EU Charter of Fundamental Rights, violation of the unitary character of EUTMs under the EU Trade Mark Regulation, and incompatibility with the TRIPS Agreement.
In a 1,000 paragraph judgment handed down on 19 May 2016, Mr Justice Green dismissed the grounds of challenge and held that the Regulations are lawful.