WTO Panel decision re Tobacco Packaging

Past posts on this blog have referred to the Tobacco Plain Packaging Act 2011 (Cth) - aka TPP - and the Trade Marks Amendment (Tobacco Plain Packaging) Act 2011 (Cth), which provide restrictions on the packaging of tobacco products noted eg here, here, here and here.

The WTO Dispute Resolution Panel in Australia — Certain Measures Concerning Trademarks, Geographical Indications and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging (DS435, DS441, DS458 and DS467) has now rejected complaints by Cuba, Indonesia, Honduras and the Dominican Republic against that tobacco plain packaging regime.

The Panel considers that the complainants had not demonstrated that the TPP measures are inconsistent with Australia’s obligations under

• Article 2.2 of the TBT Agreement; 
• Article 2.1 of the TRIPS Agreement in conjunction with Article 6quinquies of the Paris Convention (1967); 
• Article 15.4 of the TRIPS Agreement; 
•  Article 16.1 of the TRIPS Agreement; 
• Article 20 of the TRIPS Agreement; 
• Article 2.1 of the TRIPS Agreement in conjunction with Article 10bis of the Paris Convention (1967); 
• Article 22.2(b) of the TRIPS Agreement; and 
• Article 24.3 of the TRIPS Agreement.