LANGUAGE

Australia - Tobacco Plain Packaging Final Ruling

The Appellate Body of the World Trade Organization (WTO) issued its final ruling affirming that Australia’s pioneering law requiring plain packaging for tobacco products and finding it entirely consistent with WTO agreements. In particular, the WTO appeal ruling confirmed the original finding that the evidence shows that tobacco plain packaging laws "are apt to, and do in fact, contribute to Australia's objective of reducing the use of, and exposure to, tobacco products."

The appeal ruling also confirmed that:

  • Tobacco plain packaging is not more trade-restrictive than is necessary to meet its legitimate public health objective.
  • Trademark owners do not have a positive right to use their trademarks under WTO TRIPS agreement, but only the right to prevent third parties from using them.
  • Tobacco plain packaging is a justified restriction on the use of trademarks and does not violate trademark protections.