[Ip-health] WTO Dispute Settlement: Ukraine files dispute against Australia (13 March 2012) on Tobacco Plain Packaging

thiru at keionline.org thiru at keionline.org
Wed Mar 14 05:16:05 PDT 2012


http://keionline.org/node/1388

WTO Dispute Settlement: Ukraine files dispute against Australia (13 March
2012) on Tobacco Plain Packaging

Submitted by thiru on 14. March 2012 - 14:09

The following information is taken directly from the World Trade
Organization's dispute settlement web page which reports that on 13 March
2012, Ukraine requested consultations with Australia under the WTO's
dispute settlement system with respect to Australia's Tobacco Plain
Packaging legislation which the WTO website noted imposes "trademark
restrictions and other plain packaging requirements on tobacco products".
This follows intense discussions ont this matter at the October 2011 and
February 2012 sessions of the WTO TRIPS Council. More information on these
discussions will be provided in due course. As the WTO notes below,
further information on this dispute will be provided in document
WT/DS434/1. Yet again at the WTO, public health considerations and trade
interests intersect; the outcome of this case will be closely watched by
policy makers.

The WTO explains that with respect to a request for consultation,

"The request for consultations formally initiates a dispute in the WTO.
Consultations give the parties an opportunity to discuss the matter and to
find a satisfactory solution without proceeding further with litigation.
After 60 days, if consultations have failed to resolve the dispute, the
complainant may request adjudication by a panel."

Here is the information provided by the WTO secretariat on the following
site: http://wto.org/english/news_e/news12_e/ds434rfc_13mar12_e.htm

"WTO: 2012 NEWS ITEMS
13 March 2012
DISPUTE SETTLEMENT

Ukraine files dispute against Australia

On 13 March 2012, Ukraine requested consultations with Australia under the
dispute settlement system concerning the latter’s laws and regulations
that impose trademark restrictions and other plain packaging requirements
on tobacco products.

Further information will be available within the next few days in document
WT/DS434/1

What is a request for consultations?

The request for consultations formally initiates a dispute in the WTO.
Consultations give the parties an opportunity to discuss the matter and to
find a satisfactory solution without proceeding further with litigation.
After 60 days, if consultations have failed to resolve the dispute, the
complainant may request adjudication by a panel."


-- 

Thiru Balasubramaniam
Geneva Representative
Knowledge Ecology International (KEI)

thiru at keionline.org



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