Plainly Justifiable? The World Trade Organization’s Ruling on the Validity of Australia’s 'Plain Packaging' Under Article 20 of the TRIPS Agreement

2019 ◽  
Author(s):  
Alice Maxwell
Keyword(s):  
World Trade ◽  
Trips Agreement ◽  
Plain Packaging ◽  
The World

scholarly journals Ch.7 Geographical Indications

2020 ◽  
Author(s):  
Correa Carlos Maria
Keyword(s):  
Intellectual Property Rights ◽  
World Trade ◽  
Geographical Area ◽  
Trips Agreement ◽  
Geographical Indications ◽  
The World ◽  
Basic Functions ◽  
The One ◽  
International Conventions ◽  
Paris Convention

This chapter describes how the adoption of the Trade-related Aspects of Intellectual Property Rights (TRIPS) Agreement represented an important step for the international recognition of geographical indications. Geographical indications have three basic functions. They provide information about the name of a product; the geographical origin of the product; and a given quality, reputation, or characteristics attributable to a geographical area. Although such indications were covered under some prior international conventions—such as the Paris Convention, the Madrid Agreement, and the Lisbon Agreement—the scope and membership of such conventions offered a protection considerably more limited than the one granted by the TRIPS Agreement. However, significant controversies still dominate the discussion of this issue at the World Trade Organization (WTO). In particular, disagreement exists about the modes of implementing the registration of geographical indications under Article 23.4 of the Agreement. Moreover, a number of developed and developing countries have proposed to expand to other products the special protection only available today for wines and spirits.

THE IMPLICATIONS OF THE WTO TOBACCO PLAIN PACKAGING DISPUTES FOR PUBLIC HEALTH MEASURES

2021 ◽  
Vol 70 (4) ◽  
pp. 1011-1027
Author(s):  
Andrew David Mitchell ◽  
Theodore Samlidis
Keyword(s):  
Public Health ◽  
World Trade ◽  
Tobacco Industry ◽  
Plain Packaging ◽  
Health Measures ◽  
Appellate Body ◽  
The World ◽  
Investment Law ◽  
Trade And Investment ◽  
Wto Agreements

AbstractAustralia became the first country to introduce standardised or plain packaging laws for tobacco products in 2011. However, they immediately came under direct and indirect challenge from the tobacco industry in various domestic and international fora, including at the World Trade Organization (WTO). The WTO-consistency of Australia's measures was not settled until June 2020, when the Appellate Body upheld two WTO panels’ earlier findings that Australia had acted consistently with its obligations under certain WTO agreements. This article critically analyses the Appellate Body's key findings and their implications for implementing other public health measures. It is shown that these implications are multifaceted, have political, practical and legal dimensions and are likely to reach beyond the WTO dispute resolution system's bounds into other international trade and investment law contexts.

IV. Intellectual Property

2001 ◽  
Vol 50 (3) ◽  
pp. 714-724
Author(s):  
Joe McMahon ◽  
Catherine Seville
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
World Trade Organization ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Trips Agreement ◽  
Global System ◽  
The World

This Journal's previous piece on current developments in EC intellectual property noted that this area of law is dominated by the drive towards harmonisation.1 This drive continues, and its success has been such that it can now begin to be seen in an overarching context of globalisation. The idea of a unified global system for the protection of intellectual property now seems at least conceivable, even if not immediately achievable. It is even possible to state that some stages have been achieved on the journey, most notably the TRIPs Agreement. Since adherence to this is a requirement of World Trade Organization (WTO) membership, the arguments in its favour have suddenly become “persuasive”. It represents a tremendous achievement in terms of the protection and enforcement of intellectual property rights throughout the world. The World Intellectual Property Organisation's contribution here and elsewhere has been immense.

Compulsory Licensing in Canada and Thailand: Comparing Regimes to Ensure Legitimate Use of the WTO Rules

2009 ◽  
Vol 37 (2) ◽  
pp. 222-239 ◽  
Author(s):  
Kristina M. Lybecker ◽  
Elisabeth Fowler
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Trips Agreement ◽  
Essential Medicines ◽  
Compulsory Licensing ◽  
The World ◽  
Aids Crisis ◽  
Doha Declaration

The tension between economic policy and health policy is a longstanding dilemma, but one that was brought to the fore with the World Trade Organization’s (WTO) Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement in 1994. The pharmaceutical industry has long argued that intellectual property protection (IPP) is vital for innovation. At the same time, there are those who counter that strong IPP negatively impacts the affordability and availability of essential medicines in developing countries. However, actors on both sides of the debate were in agreement that something needed to be done to address the HIV/AIDS crisis, especially in developing countries. In response to sustained and significant pressure from civil society groups, members of the World Trade Organization agreed to the Declaration on the TRIPS Agreement and Public Health (the Doha Declaration) in 2001. The Declaration clarified that countries unable to manufacture the needed pharmaceuticals could obtain more affordable generics elsewhere if necessary.

The WTO Medicines Decision: World Pharmaceutical Trade and the Protection of Public Health

2005 ◽  
Vol 99 (2) ◽  
pp. 317-358 ◽  
Author(s):  
Frederick M. Abbott
Keyword(s):  
Public Health ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Access To Medicines ◽  
Trips Agreement ◽  
Compulsory Licensing ◽  
The World ◽  
Effective Use ◽  
Pharmaceutical Trade ◽  
Doha Declaration

On November 14,2001, the Ministerial Conference of the World Trade Organization, meeting in Doha, Qatar, adopted the Declaration on the TRIPS Agreement and Public Health (Doha Declaration). The declaration affirms that the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights “can and should be interpreted and implemented in a manner supportive of WTO Members’ right to protect public health and, in particular, to promote access to medicines for all,” and it reaffirms that the Agreement “provide[s] flexibility for this purpose.” The Doha Declaration mandated further negotiations on one important subject, providing in its paragraph 6: “We recognize that WTO Members with insufficient or no manufacturing capacities in the pharmaceutical sector could face difficulties in making effective use of compulsory licensing under the TRIPS Agreement. We instruct the Council for TRIPS to find an expeditious solution to this problem … .“

scholarly journals The Plain Packaging of Tobacco Products

2018 ◽  
Author(s):  
Matthew Rimmer
Keyword(s):  
Public Health ◽  
New Zealand ◽  
Tobacco Control ◽  
World Trade ◽  
Dispute Settlement ◽  
Research Front ◽  
Tobacco Products ◽  
Plain Packaging ◽  
Trinity College Dublin ◽  
The World

The Plain Packaging of Tobacco ProductsThis special edition of the QUT Law Review considers the international debate over the introduction of Australia's pioneering plain packaging of tobacco products. This collection explores the various legal issues raised by tobacco control under public health law, constitutional law, intellectual property, international law, international trade, investor-state dispute settlement, human rights, and sustainable development. Australian scholars consider Australia's legal defence of plain packaging of tobacco products in an array of arenas - including the High Court of Australia, an investor-state dispute settlement tribunal, and the World Trade Organization. International experts consider the introduction of plain packaging of tobacco products in New Zealand, Ireland, the United Kingdom, Canada, and other pioneering public health countries. This collection also considers the adoption of new complementary tobacco control measures - such as tobacco divestment initiatives.ForewordThe Hon. Nicola Roxon (Victoria University)It gives me great pleasure to write a forward on this topic at a time when there is such a groundswell of international support for plain packaging of tobacco products. World No Tobacco today in 2016 had as its tag line “Get ready for plain packaging” and the world’s health ministers are doing just that.When Australia became the first country in the world to remove all colours and logos on tobacco packs in 2011 – recognising their allure to young new smokers – the tobacco industry tried every move in their book to stop us. Lobbying, donations, advertising campaigns, threats, dodgy research, front groups, overblown claims and legal action dominated our political debate for two years. When all these local manoeuvres failed, the industry switched its effort to ensuring we were the only country to take this step.Writing in November 2016, it is clear that those efforts, both local and international, have manifestly failed. Country after country – France, the UK, Ireland, Canada, Norway, New Zealand – are implementing plain packaging, passing their laws or consulting with the community before introduction and many more countries will move this way in the coming months and years.Plain packaging of tobacco products is now truly an international movement. It is an epidemic of the best sort, as countries catch on to its value, purpose and ease of implementation. We will now see its introduction spread like wildfire around the world.When we announced the introduction of plain packaging in Australia, it was a world first.The Government I was part of has received much praise for our resolve and foresight to see this through, from smooth implementation to the great early results already showing significant impact in the reduction of smoking rates across the country. ...(1) 'Tobacco Plain Packaging in Australia: JT International v Commonwealth and Beyond'Dr Catherine Bond (UNSW)(2) 'Regulatory Chill: Learnings from New Zealand's Plain Packaging Tobacco Law'Professor Jane Kelsey (University of Auckland)(3) 'Property and Proportionality: Evaluating Ireland's Tobacco Packaging Legislation'Dr Eoin O’Dell (Trinity College Dublin)(4) 'The Tobacco Industry's Challenge to the United Kingdom's Standardised Packaging Legislation - Global Lessons for Tobacco Control Policy?'Professor Jonathan Griffiths (Queen Mary, University of London)(5) 'Making the Case for Canada to Join the Tobacco Plain Packaging Revolution'Dr Becky Freeman (University of Sydney)(6) 'Investor-State Dispute Settlement and Tobacco Control: Implications for Non-Communicable Diseases Prevention and Consumption-Control Measures'Dr Hope Johnson (QUT)(7) 'The Global Tobacco Epidemic, The Plain Packaging of Tobacco Products, and the World Trade Organization'Professor Matthew Rimmer (QUT)(8) 'Tobacco-Free Investment: Harnessing the Power of the Finance Industry in Comprehensive Tobacco Control'Dr Bronwyn King, Clare Payne, and Emily Stone (Tobacco-Free Futures)

scholarly journals The Global Tobacco Epidemic, the Plain Packaging of Tobacco Products, and the World Trade Organization

2018 ◽  
Vol 17 (2) ◽  
pp. 131 ◽  
Author(s):  
Matthew Rimmer
Keyword(s):  
Public Health ◽  
World Trade Organization ◽  
Tobacco Control ◽  
World Trade ◽  
Essential Medicines ◽  
Tobacco Products ◽  
Plain Packaging ◽  
The World ◽  
Tobacco Epidemic ◽  
The Government

In response to complaints by Ukraine, Honduras, the Dominican Republic, Cuba, and Indonesia, the government of Australia has defended the introduction of plain packaging of tobacco products in the World Trade Organization. This article focuses upon the legal defence of Australia before the WTO Panel. A key part of its defence has been the strong empirical evidence for the efficacy of plain packaging of tobacco products as a legitimate health measure designed to combat the global tobacco epidemic. Australia has provided a convincing case that plain packaging of tobacco products is compatible with the TRIPS Agreement 1994, particularly the clauses relating to the aims and objectives of the agreement; the requirements in respect of trade mark law; and the parallel measures in relation to access to essential medicines. Australia has also defended the consistency of plain packaging of tobacco products with the TBT Agreement 1994. Moreover, Australia has provided clear reasons for why the plain packaging of tobacco products is compatible with GATT. The position of Australia has been reinforced by a number of third parties — such as New Zealand, the United Kingdom, Ireland, Norway, Canada, and others — which have also been pioneers in tobacco control and public health. Australia’s leadership in respect of tobacco control and plain packaging of tobacco products is further supported by larger considerations in respect of international public health law, human rights, and sustainable development.

Spain: Law 60/2003 of December 23, 2003 on Arbitration

2004 ◽  
Vol 43 (2) ◽  
pp. 484-508
Keyword(s):  
Public Health ◽  
World Trade Organization ◽  
World Trade ◽  
Trips Agreement ◽  
General Council ◽  
Pharmaceutical Sector ◽  
Compulsory Licensing ◽  
The World ◽  
Effective Use

Having regard to paragraphs 1, 3 and 4 of Article IX of the Marrakesh Agreement Establishing the World Trade Organization ("the WTO Agreement");Conducting the functions of the Ministerial Conference in the interval between meetings pursuant to paragraph 2 of Article IV of the WTO Agreement;Noting the Declaration on the TRIPS Agreement and Public Health (WT/MIN(01)/DEC/2) (the "Declaration") and, in particular, the instruction of the Ministerial Conference to the Council for TRIPS contained in paragraph 6 of the Declaration to find an expeditious solution to the problem of the difficulties that WTO Members with insufficient or no manufacturing capacities in the pharmaceutical sector could face in making effective use of compulsory licensing under the TRIPS Agreement and to report to the General Council before the end of 2002;

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