• Home
  • About Us
    • About Us
    • Subscribe
    • Privacy Policy
  • Advertise
    • Advertise On IP Watch
    • Editorial Calendar
  • Videos
  • Links
  • Help

Intellectual Property Watch

Original news and analysis on international IP policy

  • Copyright
  • Patents
  • Trademarks
  • Opinions
  • People News
  • Venues
    • Bilateral/Regional Negotiations
    • ITU/ICANN
    • United Nations – other
    • WHO
    • WIPO
    • WTO/TRIPS
    • Africa
    • Asia/Pacific
    • Europe
    • Latin America/Caribbean
    • North America
  • Themes
    • Access to Knowledge/ Open Innovation & Science
    • Food Security/ Agriculture/ Genetic Resources
    • Finance
    • Health & IP
    • Human Rights
    • Internet Governance/ Digital Economy/ Cyberspace
    • Lobbying
    • Technical Cooperation/ Technology Transfer
  • Health Policy Watch

WTO Dispute Body Hears Sides On Australia Tobacco Law

20/11/2012 by Intellectual Property Watch Leave a Comment

Share this:

  • Click to share on Twitter (Opens in new window)
  • Click to share on LinkedIn (Opens in new window)
  • Click to share on Facebook (Opens in new window)
  • Click to email this to a friend (Opens in new window)
  • Click to print (Opens in new window)

The World Trade Organization Dispute Settlement Body yesterday heard arguments by parties in a dispute about Australia’s new public health law requiring tobacco imports to be in plain packaging as a way to discourage tobacco use. Honduras presented a challenge to the Australian law, saying it is not in line with WTO rules on intellectual property rights, while Australia said it is a “sound, well-considered” action in the name of public health.

Australia exercised its right to reject Honduras’ first request for a dispute panel, WTO said in a press release, but Honduras can submit it again.

Honduras, a tobacco producer, cited WTO agreements that it said are violated by Australia’s action, especially pertaining to geographical indications and trademarks, and said Australia’s measures cannot be justified as necessary to protect human health, WTO said.

Australia said its measure legitimately achieves its public health aim, does not violate WTO agreements nor go beyond what is necessary to fulfil its objective. It is origin neutral, non-discriminatory and applies to all tobacco products, it said, as well as being in line with the World Health Organization tobacco convention to which Honduras is also a party.

Nicaragua, Zimbabwe, the Dominican Republic and Ukraine echoed Honduras’ concerns. The Dominican Republic said it will request a panel at the next DSB meeting. New Zealand, Norway and Uruguay supported Australia’s measure and “noted the sovereign right of WTO members to regulate and protect public health,” WTO said, adding that New Zealand said that it is also considering plain packaging.

Share this:

  • Click to share on Twitter (Opens in new window)
  • Click to share on LinkedIn (Opens in new window)
  • Click to share on Facebook (Opens in new window)
  • Click to email this to a friend (Opens in new window)
  • Click to print (Opens in new window)

Related

Creative Commons License"WTO Dispute Body Hears Sides On Australia Tobacco Law" by Intellectual Property Watch is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

Filed Under: IP-Watch Briefs, IP Policies, Language, Themes, Venues, Enforcement, English, Health & IP, Human Rights, Trademarks/Geographical Indications/Domains, WHO, WTO/TRIPS

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

  • Email
  • Facebook
  • LinkedIn
  • RSS
  • Twitter
  • Vimeo
My Tweets

IPW News Briefs

Saudis Seek Alternative Energy Partners Through WIPO Green Program

Chinese IP Officials Complete Study Of UK, European IP Law

Perspectives on the US

In US, No Remedies For Growing IP Infringements

US IP Law – Big Developments On The Horizon In 2019

More perspectives on the US...

Supported Series: Civil Society And TRIPS Flexibilities

Civil Society And TRIPS Flexibilities Series – Translations Now Available

The Myth Of IP Incentives For All Nations – Q&A With Carlos Correa

Read the TRIPS flexibilities series...

Paid Content

Interview With Peter Vanderheyden, CEO Of Article One Partners

More paid content...

IP Delegates in Geneva

  • IP Delegates in Geneva
  • Guide to Geneva-based Public Health and IP Organisations

All Story Categories

Other Languages

  • Français
  • Español
  • 中文
  • اللغة العربية

Archives

  • Archives
  • Monthly Reporter

Staff Access

  • Writers

Sign up for free news alerts

This site uses cookies to help give you the best experience on our website. Cookies enable us to collect information that helps us personalise your experience and improve the functionality and performance of our site. By continuing to read our website, we assume you agree to this, otherwise you can adjust your browser settings. Please read our cookie and Privacy Policy. Our Cookies and Privacy Policy

Copyright © 2025 · Global Policy Reporting

loading Cancel
Post was not sent - check your email addresses!
Email check failed, please try again
Sorry, your blog cannot share posts by email.