WTO panel to issue tobacco plain packaging report by November

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

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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

WTO panel to issue tobacco plain packaging report by November

A dispute at the WTO over Australia’s rules on plain packaging for tobacco products is set to be the trade organisation’s biggest

More countries have asked to be third parties in the proceedings than in the long-running banana war between the EU and a number of Latin American countries.

WTO Director-General Roberto Azevêdo this week appointed three panellists to consider the plain packaging issue after the six countries at the centre of the row – Australia, Ukraine, Indonesia, Cuba, Dominican Republic and Honduras – failed to agree who should examine the disputes.

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 finalise its report within six months.

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

Five panels have been established to consider the complaints made by five countries about Australia’s decision to force tobacco companies to sell their products in so-called plain packaging. The same three panellists will head each panel after the parties agreed to a harmonised procedure.

Although each of the complaints target 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 recommends 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 one or more party appeals, the appeal is 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.

You can read an article by lawyers from Bird & Bird and Truman Hoyle on plain packaging in the latest issue of Managing IP.





more from across site and SHARED ros bottom lb

More from across our site

A ruling on confidentiality by the the England and Wales Court of Appeal and an intervention from the US government in the InterDigital v Disney litigation were also among top talking points
Moore & Van Allen hires former Teva counsel Larry Rickles to help expand the firm’s life sciences capabilities
Canadian law firms should avoid ‘tunnel vision’ as exclusive survey reveals client dissatisfaction with risk management advice and value-added services
In major recent developments, the CoA ruled on director liability for patent infringement, and Nokia targeted Paramount at the UPC and in Germany
Niri Shan, the newly appointed head of IP for UK, Ireland and the Middle East, explains why the firm’s international setup has brought UPC success, and addresses German partner departures
Vlad Stanese joins our ‘Five minutes with’ series to discuss potentially precedent-setting trademark and copyright cases and his love for aviation
Heath Hoglund, president of Via LA, discusses how it sets royalty rates and its plans to build on growth in China
Stobbs stands accused of interfering with the administration of justice after Brandsmiths’ client was subjected to an interim injunction for unjustified threats
The firm, known for its prosecution expertise, discusses its plans following the appointment of a UK-based patent litigation head and two new partners
Ed White at Clarivate provides an exclusive insight into the innovation power clusters reshaping Europe and the Middle East’s IP landscape, and why quality is the new currency of invention
Gift this article