411. The representative of Uruguay said that his delegation wished to reiterate its support for Australia's Tobacco Plain Packaging Bill. Protection of public health fell clearly within the sovereign authority of States and accordingly every country was entitled to legislate in the public interest, a fact recognized by all countries, including the proponents of this agenda item. Australia had undertaken not to violate its international obligations in the defence of its public health interests and Uruguay agreed with the explanations and justifications it had provided. His delegation further endorsed Brazil's statements with regard to the concept of flexibility within the scope of the international IP treaties and wished to add that this defence of flexibility in the implementation of IPRs should be coherent and consistent in all instances. Against that background, Uruguay was of the view that Australia's proposed measures were clearly not in breach of Article 20 of the TRIPS Agreement.
412. He added that his delegation objected to the description of tobacco products causing "health problems", as this description did not adequately reflect the matter of life and death that these products presented. On the same grounds he rejected any parallels being drawn between cigarettes and other products that caused "health problems" as a review of the related figures sufficed to illustrate the vastly different health impact.
