Australia—Certain Measures Concerning Trademarks, Geographical Indications and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging

WT/DS435/R, WT/DS441/R, WT/DS458/R, 28 DS467/R (2018)

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Australia—Certain Measures Concerning Trademarks, Geographical Indications and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging

World Trade Organization
WT/DS435/R, WT/DS441/R, WT/DS458/R, 28 DS467/R (2018)

Facts

Australia (defendant) instituted tobacco plain-packaging (TPP) measures for tobacco products requiring the removal of logos, brand images, and promotional language from tobacco products. The purpose of the TPP measures was to reduce tobacco use and thereby improve public health. Honduras and the Dominican Republic (plaintiffs) brought an action before the World Trade Organization (WTO) alleging that Australia had breached the Technical Barriers to Trade (TBT) Agreement and the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement because the TPP measures were more trade restrictive than necessary to achieve the objective.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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