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Current status back to top
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Summary of the dispute to date back to top
The summary below was up-to-date at
Consultations
Complaint by Honduras. (See also DS434 and DS441)
On 4 April 2012, Honduras requested consultations with Australia concerning certain Australian laws and regulations that impose trademark restrictions and other plain packaging requirements on tobacco products and packaging.
Honduras challenges the following measures:
- An Act to discourage the use of tobacco products, and for related purposes, Australia's Tobacco Plain Packaging Act 2011, and its implementing regulations;
- the Trade Marks Amendment (Tobacco Plain Packaging) Act 2011; and
- any amendments, extensions, related instruments or practices.
Honduras claims that Australia's measures appear to be inconsistent with Australia's obligations under:
- Articles 2.1, 3.1, 15.4, 16.1, 20, 22.2(b) and 24.3 of the TRIPS Agreement;
- Article 2.1 and 2.2 of the TBT Agreement; and
- Article III:4 of the GATT 1994.
On 11 April 2012, Brazil requested to join the consultations. On 12 April 2012, Guatemala and Nicaragua requested to join the consultations. On 16 April 2012, New Zealand and Zimbabwe requested to join the consultations. On 18 April 2012, the European Union, Ukraine and Uruguay requested to join the consultations. On 19 April 2012, Canada and El Salvador requested to join the consultations. On 20 April 2012, Indonesia, Norway and the Philippines requested to join the consultations. Subsequently, Australia informed the DSB that it had accepted the requests of Brazil, Canada, El Salvador, the European Union, Guatemala, Indonesia, Nicaragua, New Zealand, Norway, the Philippines, Ukraine, Uruguay, and Zimbabwe to join the consultations.
On 15 October 2012, Honduras requested the establishment of a panel. At its meeting on 19 November 2012, the DSB deferred the establishment of a panel. |
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