The WTO battle over plain packaging: what happens next?

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

The WTO battle over plain packaging: what happens next?

Last week Australian judges gave the green light to a law to introduce plain packaging for tobacco. Now Ukraine has requested the WTO assemble a panel to hear its dispute against Australia’s plan. As the legal challenge shifts from Canberra to Geneva, what happens next?

I’ve heard all about the Australian High Court’s ruling upholding Australia’s plain packaging law. But what’s happening at the WTO?

In March this year Ukraine launched legal proceedings at the WTO over Australia’s plans to force tobacco companies to sell cigarettes in plain packs. Its representative in Geneva requested consultations with Australia, the first step in a legal dispute at the trade body. The Ukrainian government argues that Australia's Tobacco Plain Packaging Act 2011 and its Trade Marks Amendment (Tobacco Plain Packaging) Act 2011 violate the TRIPs Agreement and GATT, the umbrella agreement covering trade in goods. Honduras and the Dominican Republic later requested consultations of their own.

Why Ukraine? Does it export a lot of tobacco?

No. It’s something of a mystery why the country would launch a complaint.

So what’s happened now?

A spokesman for the WTO has confirmed that Ukraine has stepped up its campaign against the Australian law. Last week it requested that an item be added to the agenda of the next meeting of the Dispute Settlement Body to set up a panel to hear its dispute. That meeting is due to take place on August 31 and agenda for the meeting is set to be published tomorrow.

Who has to agree?

Australia needs to agree to a panel being set up. It can only deny Ukraine’s request once however, so if, as is normally the case, it rejects the request at this month’s meeting, a panel will likely be set up following the September meeting of the Dispute Settlement Body.

What about Honduras and the Dominican Republic?

If they request a panel be set up, there’s a strong chance that it could be merged with the panel requested by Ukraine, as long as a long period of time hasn’t elapsed between the requests.

What’s the timetable?

Once a panel has been set up – which will be made up of three independent panellists – it has six months in which to report to the parties. One or both parties can appeal, and the appellate body has between two and three months in which to report back. If Australia’s law is ultimately found to breach WTO rules, and Australia refuses to change it, its goods could be the subject of sanctions from Ukraine, or the other two complainants, if they are successful.

What is Australia’s reaction to the Ukrainian request for a panel?

“Australia will strongly defend its right to regulate to protect public health through the plain packaging of tobacco products,” Craig Emerson, the country’s trade minister, said today. “The Government is confident that its plain packaging legislation is consistent with Australia’s WTO obligations.”

more from across site and SHARED ros bottom lb

More from across our site

Qantm IP’s acquisition of Henry Goh & Co shows shifting attitudes towards private equity, with firms increasingly viewing external backing as a normal route to expansion rather than a source of concern
The firm’s involvement in prominent AI cases drew litigator Christian Mammen to join from Womble Bond Dickinson, as US firms continue to bolster AI-focused practices
Two judicial appointments confirmed in Paris and Mannheim, while cross-border injunctions and high-profile procedural rulings keep major patent practices occupied
Patent and trademark practitioners say new arrival will help maintain the UK's reputation as a leading forum for complex IP disputes
Qantm CEO speaks to Managing IP about the business's first deal since it was acquired by a private equity firm and explains why top-tier Malaysian firm Henry Goh & Co was the group's ‘plan A, B and C’
György Pintz, founder of Pintz & Partners, talks through the challenges of founding a firm and explains why lawyers and table tennis players have more in common than you might expect
Kate Nuehring Su, partner at Marshall, Gerstein & Borun, explores a successful PTAB appeal and why the Federal Circuit reached an opposite outcome on the same doctrine
From BTS to Squid Game and kimchi to memory chips, the Korean wave is reverberating around the world and IP work is also seeing a boom, say two Yoon & Yang partners
Managing IP will host a ceremony in Kuala Lumpur on November 5 to reveal the winners
Recent lateral moves raise a bigger question for full-service firms – can patent litigation remain a strategic priority when competing practices generate larger profits?
Gift this article