Category Trade Disputes

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

Abstract: 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.

China Claims U.S.’s Section 301 Investigation into Its Tech Transfer and IP Licensing Policies May Violate WTO Dispute Settlement Understanding

Last week, China warned that the U.S.'s threat of unilateral sanctions under Section 301 of the Trade Act violates its WTO commitment to settle disputes within the WTO Dispute Settlement framework, and it referred to a previous case in which a panel addresses how the U.S. could use Section 301 and stay within the bounds of the WTO framework.