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 2026

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

Patent attorney Michael Henson joins the firm to lead its freshly launched blockchain and digital assets practice
A dispute over mammogram technology, and a development in the case between GSK and Moderna were also among the top talking points in recent weeks
With rankings for Western Europe set to be published on June 25, we sat down with our research lead to find out what practitioners and law firms can expect
Peter O’Sullivan, a professional services executive, says he is looking forward to helping Pearce IP become the leading life sciences firm in Australia and New Zealand
Matteo Di Lernia, advocate at LCA Studio Legale, unpicks the CJEU’s ruling in M.M. Ristorazione v Villa Ramazzini, including its impact on litigation strategies
Leaders at IP boutique say the decision to pursue sponsorless partnership with the specialised investment arm of a private equity firm comes at a time of ‘profound transformation’ in the profession
Patrick Zhang, formerly of Atlassian and TiVo, will become Via’s vice president of licensing and commercial strategy, tasked with helping expand client partnerships and licensing deals
IP services firm says new platform will cut patent portfolio analysis from months to minutes and optimise monetisation efforts
New role for the High Court judge will leave a gap for an IP specialist judge at the first instance
Laura Achával, founder of Achával IP in Argentina, shares how an evolving vision led her to launch her own practice
Gift this article