415. The representative of Chile said that, at the previous Council meeting, his delegation had referred on a preliminary basis to two systemic aspects it considered noteworthy in the light of the information provided by Australia and the issues raised by the Dominican Republic, Ukraine and other delegations. Chile shared Australia's concern for public health protection and in particular the noxious effects of tobacco, and, like Australia, Chile believed it legitimate to take measures to reduce tobacco consumption, in particular among the youngest members of the population. To put this into context, he said that the reduction in the prevalence of tobacco consumption, particularly smoking among school-goers and women of child bearing age was also among the specific objectives that Chile's health sector had set itself.
416. His delegation had indicated previously that the Plain Packaging Bill which Australia was seeking to implement further strengthened the legitimacy and importance of the flexibility afforded by the TRIPS Agreement, particularly in the field of public health, since this case illustrated that the Agreement's flexibilities were useful and necessary not only for developing countries, but are also for developed countries. Having said that, pointed out that the use of flexibility provided in the TRIPS Agreement had to be consistent with the provisions governing the protection of IPRs, in this instance those pertaining to trademarks under Article 15 et sequitur of the Agreement. Article 8 of the TRIPS Agreement was clear on this matter, allowing Members to take measures to protect public health provided that these were consistent with the Agreement.
417. He said that Chile would continue to scrutinize the Australian bill, in particular its relation to Article 20 of the TRIPS Agreement and the relevant provisions of the Paris Convention, and his delegation reserved the right to return to this issue in the future.
