By Nathaniel DeLucia
In 2011, Australia became the first country to
pass a “plain packaging” law – a law that requires all tobacco products to be
sold in plain unadorned packing, devoid of any identifying marks, colors, or
logos. The plain packaging law was
enacted in order to discourage people from smoking.
In response, the tobacco industry and five WTO
members (Ukraine, Honduras, Dominican Republic, Cuba, and Indonesia), who sell
tobacco products in Australia, filed a dispute challenging the law at the WTO’s
Dispute Settlement Body. Challenges have also been brought in two of the WTO’s
committees: the TRIPS (Trade-Related Intellectual Property Rights) council and
the TBT (Technical Barriers to Trade) Committee. However, Australia has contested these
additional challenges as inappropriate and redundant in light of the ongoing
dispute settlement case in the WTO’s Dispute Settlement Body.
Resolution of this dispute will have a
tremendous impact on the global tobacco industry, as many other countries are
considering measures similar to the plain packaging law passed in Australia.
For the latest on the
dispute, check out IP –Watch’s article, located here.
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