Ambassador Alfredo Suescum (Panama)

New Zealand

17.3 Announcement of 18 September by the Government of Ireland regarding the legislative programme for the autumn session 2013 which includes generic packaging of tobacco products under Section C

427. New Zealand would like to record its support for Ireland's decision to commence the process of introducing a plain packaging regime for all tobacco products. 428. The TRIPS Agreement recognises the fundamental right of Members to implement measures necessary to protect public health and provides the necessary flexibilities for Members to do so. All of our Ministers agreed in the Doha Declaration on the TRIPS Agreement and Public Health that "the TRIPS Agreement does not and should not prevent Members from taking measures to protect public health" and affirmed that "the Agreement can and should be interpreted and implemented in a manner supportive of WTO Members' right to protect public health". 429. It is therefore clear that tobacco plain packaging measures do not violate the provisions of the TRIPS Agreement nor undermine the protection afforded to trademarks and geographical indications under the TRIPS Agreement.

The Council took note of the statements made.

17.5. The Chairman said that the delegation of the Dominican Republic wished to make a statement under "Other Business" concerning the announcement of 18 September by the Government of Ireland regarding the legislative programme for the autumn session 2013 which included generic packaging of tobacco products under Section C.

17.6. The representatives of the Dominican Republic, Cuba, Honduras, Nicaragua, the European Union, Australia, New Zealand, Canada, Norway, Uruguay and China took the floor. The statements will be reproduced in an addendum to the present record.

17.7. The Chairman recalled that delegations should not enter into substantive debates under "Other Business" and avoid lengthy statements. He urged delegations to bear in mind the underlying rationale in this regard.

17.8. The Council took note of the statements made.

IP/C/M/74, IP/C/M/74/Add.1