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

Latham & Watkins bolstered its IP litigation bench in California with the addition of Kieran Kieckhefer, as partner demand for trial-ready expertise shows no sign of slowing
With the launch of a new patent eligibility AI tool, Sterne Kessler is leading a growing movement of law firms taking AI development into their own hands
UPC cases are (very) gradually becoming more distributed across other local divisions outside Germany, which can only be good news for the pan-European forum
Clarification concerning jurisdictional reach and latest stats released by the court were also among the top talking points in recent weeks
Although unanimous decision by the top court clarifies several aspects of the honest concurrent use defence, practitioners say ambiguities remain
Tristan Sherliker says he hopes to solve an access to justice issue by making the automated court bundle tool free to use
The team, comprising two partners and one senior consultant, plans to offer “highly differentiated” services to clients
HGF’s new ownership model frees it from the hiring constraints of traditional partnerships, its CEO told Managing IP
New timeline for 2026 aims to provide clearer guidance to firms and practitioners on the full jurisdictional market view
Attorneys contemplate whether clients using AI for legal guidance is beneficial to attorney-client relationships or more of a nuisance
Gift this article