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
609. Nicaragua also shares Ukraine's concerns with regard to the plain packaging of tobacco products and associates itself with the statements made by the delegations of Cuba, Dominican Republic, Honduras and Indonesia, countries which together with Ukraine are currently involved in a trade dispute with respect to plain packaging measures adopted by Australia. 610. On more than one occasion, Nicaragua has stated that it recognizes the legitimate right of governments to protect the health of their populations, which is also a priority for my country. Accordingly, the Government of Nicaragua has signed and ratified important international instruments aimed at ensuring and protecting the health of its population. However, Nicaragua reiterates its concern at measures of the kind adopted by Australia and which other Members are seeking to adopt, measures which, under the pretext of protecting health, could be used to place inordinate restrictions on trade by infringing the intellectual property rules of the WTO and other international forums. 611. As a tobacco producing and exporting country, Nicaragua has a substantial commercial interest in this case, given the potential economic and social impact of this type of measure on my country, and urges Members to refrain from adopting measures such as plain packaging for tobacco products until this case has been resolved in accordance with the rules established by the competent international organizations.
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