Minutes - TRIPS Council - View details of the intervention/statement

Ambassador Mothusi Palai (Botswana)
13 CONCERNS WITH RESPECT TO MEASURES RELATED TO PLAIN PACKAGING OF TOBACCO PRODUCTS AND THEIR COMPATIBILITY WITH THE TRIPS AGREEMENT
600. My delegation would like to associate itself with the concerns expressed by Ukraine, the Dominican Republic, Cuba, Indonesia, Honduras and others with respect to measures related to plain packaging of tobacco products and their incompatibility with the TRIPS Agreement. 601. Zimbabwe has, in different fora, including the DSB, already stated its clear position on the plain packaging measures ostensibly introduced to protect the health of consumers. We wish to reiterate that these measures appear to be inconsistent with Article 16.1 of the TRIPS Agreement, because Australia and other proponents of plain packaging are preventing and are seeking to prevent owners of registered trademarks from enjoying the rights conferred by a trademark. 602. Zimbabwe also considers plain packaging measures to be inconsistent with Article 20 and other Articles of the TRIPS Agreement because these measures undermine the use of trademarks for tobacco products in the course of trade through special requirements, which are detrimental to trademarks' capability to distinguish tobacco products from one undertaking from tobacco products of other undertakings. 603. Tobacco farming is a major economic activity and source of livelihood for many families in developing countries such as Zimbabwe. Tobacco contributes significantly to our country's GDP. It therefore stands to reason that the plain packaging measures will impact negatively on our national economic performance and employment, as well as undermine efforts towards alleviation. 604. In light of the restrictive effect of plain packaging measures on trade and the serious economic implications on tobacco-producing countries like my own, we are concerned that these measures are detrimental to trade in our countries. And as previously stated, including during the meetings of the DSB, these measures are not compatible with the TRIPS Agreement.
The Council took note of the statements made.
13.1. The Chairman said that this item had been put on the agenda at the written request by the delegation of Ukraine. After the circulation of the revised proposed agenda for this meeting, the Dominican Republic had indicated that it wished to co-sponsor the item.

13.2. The representatives of Ukraine; the Dominican Republic; Cuba; Indonesia; Honduras; Zimbabwe; Australia; Nicaragua; New Zealand; the European Union; Norway; Canada; Uruguay and the WHO took the floor.

13.3. The Council took note of the statements made.

IP/C/M/77, IP/C/M/77/Add.1