WTO appoints plain pack panelists

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2024

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

WTO appoints plain pack panelists

World Trade Organization Director-General Roberto Azevêdo this week appointed three panelists to consider the legality of Australia’s law requiring plain packaging for tobacco products

The panel will be chaired by Alexander Erwin of South Africa. The other two members are François Dessemonted of Switzerland and Billie Miller of Barbados. The parties will make written and oral representations to the panel, which must finalize its report within six months.

The panelists will decide whether they think Australia’s tobacco plain packaging laws breach the trade organization’s rules before the end of the year.

Five complaints have been brought by Ukraine, Indonesia, Cuba, Dominican Republic and Honduras against Australia. The six countries were unable to agree on who should examine the disputes. Under a harmonized procedure, the five complaints will be considered by the same three panelists.

Although each complaint targets Australia’s plain packaging rules, they are not exactly the same. Ukraine’s deals with “certain measures concerning trademarks and other plain packaging requirements applicable to tobacco products and packaging” while the rest also invoke the WTO’s rules on geographical indications.

The appointments come shortly after Australia complained that the unresolved trade row was having a chilling effect on other countries that are considering introducing similar constraints on the way that tobacco is packaged. Ukraine requested consultations with Australia under WTO procedures more than two years ago.

New Zealand has already said that it plans to follow Australia’s lead, and the UK government said last month it will introduce plain packaging following a review.

If the panel decides that plain packaging does breach WTO trade rules, it will recommend how the measure should be changed. Its report becomes the Dispute Settlement Body’s ruling or recommendation within 60 days unless a consensus rejects it. If a party appeals, the appeal will be heard by three members of the WTO’s permanent seven-member Appellate Body. It has up to 90 days to uphold, modify or reverse the panel’s legal findings and conclusions. The Dispute Settlement Body has to accept or reject the appeals report within 30 days – and rejection is only possible by consensus.

Plain packaging will be discussed tomorrow in the session CM02 Plain Packaging: Who Will It Affect Next? from 10:15 am to 11:30 am.

more from across site and ros bottom lb

More from across our site

A UK government consultation on AI and copyright, a patent blow for Lenovo and a trademark row over cider were among the big talking points this week
Our most popular stories of the year included a rundown of the 50 most influential people in IP, our in-house ones to watch, and UPC news
Awards
It is time to submit nominations for the sixth annual Life Sciences Awards EMEA
Keejeong Kim, who returned to Yulchon after a four-year gap, said he was intrigued by the opportunity to work on neighbouring areas of law to IP
The IP consulting firm hopes to expand its services and outreach with the support of investors VSS Capital Partners and Century Equity Partners
This update includes a ruling from the Court of Appeal, a judgment of the Paris Local Division, news of upcoming hearings, and predictions for 2025
US counsel review the key copyright and trademark trends of 2024, including generative AI disputes and SCOTUS cases
If 2024 is anything to go by, the next 12 months could see more IP firms seek investment opportunities while IP lawyers are increasingly likely to work alongside other functions
Practitioners reflect on the impact of USPTO guidance, as well as PTAB and litigation trends
We discuss Managing IP’s 50 most influential people in IP list and look back on the biggest talking points in the last month
Gift this article