421. The representative of Switzerland said that his delegation shared Australia's concerns with regard to the damaging effects of smoking for individuals and public health and was thus generally supportive of public health measures in the area of anti-smoking. However, his delegation also wished to reiterate that such health measures - as any other measures - needed to be compatible with international obligations and fundamental rights, including proprietary rights such as those of trademark holders. Among these international obligations to be respected were the substantive provisions of Part II of the TRIPS Agreement, as confirmed for public health measures in Article 8.1 of the TRIPS Agreement.
422. He said that such public health measures had to be appropriate, i.e. proportionate and effective. In this respect, his delegation noted that the consultation paper on the plain packaging amendment, submitted to interested stakeholders for comments in spring 2011, mentioned on page 11 that the draft legislation made a caveat to the full ban of use of a trademark, meaning that under certain circumstances a trademark could be used on the packaging of the product under the new legislation, albeit under restrictions imposed by a regulation. His delegation wished to request the delegation of Australia to inform the Council on what Section 11(2) of the draft Bill provided in this respect in its latest version, as well as the regulation referred to in the consultation paper and whether the consultation process had resulted in any new considerations and adjustments in the draft submitted to the House of Representatives or to be submitted to the Senate.
