On 9 June, the WTO Appellate Body issued its report vindicating Australia’s Tobacco-Plain Packaging measure. A decision that would support worldwide tobacco control public health measures.
The AB essentially confirmed the Panel’s Report and considered Australia’s TPP measure is not a form of an ‘unjustifiable encumbrance of trademarks’ under art 20 of TRIPS and not a violation of art 16 of TRIPS as well as art 2.2 of TBT.
The good reference point is that the AB rejected Honduras’ claim that Doha Declaration only applies to patents and medicines and should not be applied generally to any provisions of the TRIPS (see [6.656]-[6.659]). The AB held that regardless the Declaration’s status, it confirms the application of the general rules of treaty interpretation that requires the interpretation of TRIPS provisions in light of its object and purpose, namely in art 7 and 8.
In this regard, the AB concurred with the Panel’s view that art 7 and 8 of TRIPS provide relevant context in interpreting the issue of ‘unjustifiable encumbrance of trademarks’ in art 20.
Below is the link of the case update.
https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds435_e.htm#bkmk435abr