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
627. As previously stressed, both in this Council and in other fora, public health and tobacco control are topics of particular interest to Norway. In our view, it is within the rights of each WTO Member to adopt measures which are necessary to protect public health, as long as the measures chosen are consistent with WTO Agreements. Plain packaging of tobacco products is a recommended measure under the Framework Convention on Tobacco Control. It is Norway's opinion that the Framework Convention and relevant WTO Agreements are mutually supportive and that it is possible to implement measures intended to regulate the packaging of tobacco products in line with both sets of binding obligations. 628. Therefore Norway would like to see more support to WTO Members concerning their rights to introduce this kind of measure in consistency with its WTO obligations to fulfil their obligations under the Framework Convention in order to protect public health. 629. Finally, we agree with others that the ongoing DSB case should not have any bearing on Members adopting measures in favour of public health.
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