H.E. Ambassador Dr. Walter Werner

Norway

14.1   DISPUTE SETTLEMENT

618.   Norway has followed the development in these panel cases with particular interest while participating as a third party. Public health and tobacco control are topics of particular interest to Norway, something that we have repeatedly stressed in various fora. 619.   Norway was therefore very pleased to note the Panel's acknowledgement of Australia's right to introduce the plain packaging measures, in consistency with its WTO obligations, to fulfil its obligations under the Framework Convention on Tobacco Control to protect public health. 620.   In our view, it is within the rights of each WTO Member to adopt measures which are necessary to protect public health, as long as the measures chosen are consistent with the WTO agreements.

The representatives of Honduras, the Dominican Republic, Norway, Australia and Indonesia took the floor.

55.   The Chair said that two requests for consultations had been formally submitted since the June 2018 meeting. On 1 June 2018, the European Union had requested consultations with China regarding "Certain Measures on the Transfer of Technology" (circulated in document IP/D/39). On 1 October 2018, Qatar had requested consultations with Saudi Arabia regarding Measures Concerning the Protection of Intellectual Property Rights (circulated in document IP/D/40).
56.   At the meeting on 27 August 2018, the Dispute Settlement Body had adopted two Panel reports regarding "Australia – Certain Measures Concerning Trademarks, Geographical Indications and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging", concerning the complaints by Cuba and Indonesia. The information was available in documents IP/D/33/Add.1 and IP/D/34/Add.1. In proceedings on the same subject matter, Honduras had appealed certain findings of the Panel in its report WT/DS435/R, on 19 July 2018; and the Dominican Republic had also appealed certain findings in report WT/DS441/R, on 23 August 2018.
57.   The representatives of Honduras, the Dominican Republic, Norway, Australia and Indonesia took the floor.

IP/C/M/90, IP/C/M/90/Add.1