WTO appoints plain pack panelists
Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2023

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

WTO appoints plain pack panelists

World Trade Organization Director-General Roberto Azevêdo this week appointed three panelists to consider the legality of Australia’s law requiring plain packaging for tobacco products

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 finalize its report within six months.

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

Five complaints have been brought by Ukraine, Indonesia, Cuba, Dominican Republic and Honduras against Australia. The six countries were unable to agree on who should examine the disputes. Under a harmonized procedure, the five complaints will be considered by the same three panelists.

Although each complaint targets 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 will recommend 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 a party appeals, the appeal will be 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.

Plain packaging will be discussed tomorrow in the session CM02 Plain Packaging: Who Will It Affect Next? from 10:15 am to 11:30 am.

more from across site and ros bottom lb

More from across our site

Breton is commissioner for the internal market in the EU at the European Commission
Kupecz is a judge at the UPC Central Division in Germany
Hakki is senior partner at Shearman & Sterling in the US and Dejonghe is senior partner at Allen & Overy in London
Jaramillo is health minister for the Colombian government
Birss is a judge at the England and Wales Court of Appeal in London
Ragot is general counsel at Christian Louboutin in France
Meikle is the chief executive at the Commerce Commission in New Zealand
Mishra is chairman at The Bar Council of India
Musk is the founder of X Corp in the US
McCallum is head of litigation and IP at CoStar in the US