SUBSCRIBE TODAY!
Subscribing entitles a reader to complete stories on all topics released as they happen, special features, confidential documents and access to the complete, searchable story archive online back to 2004.
IP-Watch Summer Interns

IP-Watch interns talk about their Geneva experience in summer 2013. 2:42.

Inside Views

Submit ideas to info [at] ip-watch [dot] ch!

We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

Latest Comments
  • So simply put, we have the NABP saying that all ph... »
  • The original Brustle decision was widely criticise... »

  • For IPW Subscribers

    A directory of IP delegates in Geneva. Read more>

    A guide to Geneva-based public health and intellectual property organisations. Read More >


    Monthly Reporter

    The Intellectual Property Watch Monthly Reporter, published from 2004 to January 2011, is a 16-page monthly selection of the most important, updated stories and features, plus the People and News Briefs columns.

    The Intellectual Property Watch Monthly Reporter is available in an online archive on the IP-Watch website, available for IP-Watch Subscribers.

    Access the Monthly Reporter Archive >

    WTO To Consider Five Australia Plain Packaging Disputes Under One Panel

    Published on 26 April 2014 @ 8:16 pm

    By and , Intellectual Property Watch

    The World Trade Organization Dispute Settlement Body yesterday agreed to establish two more panels in a dispute against Australia’s plain packaging for tobacco products, bringing the total to five. And it was agreed that a single panel will be appointed to study the five complaints.

    Details of the procedural agreement on the WTO director general’s appointment next month of three panellists to study the complaints will be made available on Monday, according to informed sources.

    At the regular DSB meeting yesterday, panel requests were adopted for Cuba and the Dominican Republic.

    The Dominican Republic launched its complaint against Australia on 18 July 2012, and Cuba on 3 May 2013. The other disputes were brought by Ukraine, Honduras and Indonesia.

    An Australian source said they view the establishment of the panels for Cuba and the Dominican Republic as positive, as it will help ensure the process is harmonised and the same panellists are appointed.

    The countries pitted against Australia’s legislation on plain packaging for tobacco products are contending that Australia is breaching its international trade obligations regarding intellectual property rights, in particular trademarks, and geographical indications.

    They also are saying that the Australian legislation is detrimental to their country’s tobacco industry. For example, the Dominican Republic and Cuba have held the position that their premium tobacco products, such as cigars, can no longer be differentiated from other products under the Australian legislation.

    The Dominican Republic in its statement to the DSB said that it “fully shares Australia’s health objectives, but considers that its plain packaging measures fail to have the desired health effects of reducing tobacco industry.”

    “Plain packaging is thus not only an ineffective health policy, but also one which is detrimental to fair competition in the marketplace,” it said. It is therefore inconsistent with Australia’s obligations under the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the Agreement on Technical Barriers to Trade (TBT), it said.

    Australia focussed its statement mainly on the harms of tobacco and on the importance of combining the various disputes. It repeated its particular concern over the precedent-setting 16 months between the Dominican Republic’s first panel request (which was rejected, as is the custom at WTO) and its second one yesterday.

    In its statement on the Cuba case, Australia again focussed on the harms of tobacco in Latin America and the Caribbean and its apparent inconsistency with Cuba’s strong record on public health. It also discussed procedural issues of the panel.

    Meanwhile, several countries have expressed their intention to adopt more stringent legislation on tobacco products, including plain packaging, such as New Zealand and Ireland. In its statement, New Zealand repeated its support for Australia’s position.

    The World Health Organization publicly supports plain packaging for tobacco products.

     

    Below is a status report on the dispute at WTO (as of 25 April):

    Australia – Certain Measures Concerning Trademarks, Geographical Indications and other Plain Packaging Requirements applicable to Tobacco Products and Packaging.

    DS434 – Complaint by Ukraine.

    Request for consultations submitted on 13 March 2012.

    First panel request: 31 August 2012 (rejected by Australia)

    Second panel request/panel established: 28 September 2012

    A meeting was held to discuss the panellist criteria in November 2012 but Ukraine requested the suspension of a panel composition. In August 2013 Ukraine reactivated the panel composition and a new meeting was held earlier on March 2014 jointly with Honduras.

     

    DS435 – Complaint by Honduras.

    Request for consultations submitted on 4 April 2012

    First panel request: 16 November 2012 (rejected by Australia)

    Second panel request/panel established: 25 September 2013

     

    DS441 – Complaint by Dominican Republic.

    Request for consultations submitted on 18 July 2012

    First panel request: 17 December 2012 (rejected by Australia)

    Second panel request: 25 April 2014 (panel established)

     

    DS458 – Complaint by Cuba.

    Request for consultations submitted on 3 May 2013

    First panel request: 25 April 2014 (accepted by Australia and established)

     

    DS467 – Complaint by Indonesia

    Request for consultations submitted on 20 September 2013.

    First panel request submitted 26 March 2014 accepted by Australia and established by the DSB

     

    Catherine Saez may be reached at info@ip-watch.ch.

    William New may be reached at wnew@ip-watch.ch.

     

    Comments

    1. John R. Polito says:

      The definition of insanity is granting sellers of the planet’s most addictive drug, a true weapon of mass destruction, investor-state dispute settlement rights. Guardians of intellectual property rights threaten all they value by failure to apply common sense line drawing in protecting the world’s children and teens from corporations whose very existence is dependent upon chemically enslaving them.

      John R. Polito
      Nicotine Cessation Educator

    2. Panel Appointed For WTO Mega-Case On Australia Tobacco Packaging | Intellectual Property Watch says:

      […] Cuba and Indonesia) agreed in April to accept the same panellists for all of the disputes (IPW, WTO/TRIPS, 26 April 2014). They also agreed to harmonise the timetable for the panel proceedings, cooperate in all matters […]

    3. Panel Appointed For WTO Mega-Case On Australia Tobacco Packaging | ASH > Action on Smoking & Health says:

      […] Cuba and Indonesia) agreed in April to accept the same panellists for all of the disputes (IPW, WTO/TRIPS, 26 April 2014). They also agreed to harmonise the timetable for the panel proceedings, cooperate in all matters […]

    4. TRIPS Council Debates Non-Violations, Innovation, Green Tech Transfer | Intellectual Property Watch says:

      […] The WTO is currently arbitrating a dispute by five WTO members (Dominican Republic, Cuba, Ukraine, Honduras, and Indonesia) against Australia for its legislation requiring plain packaging for tobacco products (IPW, WTO/TRIPS, 26 April 2014). […]

    5. Plain Packaging and the WTO: IP Issues | Spicy IP says:

      […] tobacco producers obviously have vehemently opposed plain packaging. In fact, as many as five different disputes were filed against Australia for their plain packaging legislation at the WTO by exporting […]


    Leave a Reply

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

     

     
    Your IP address is 198.50.25.176